Attorney-general Mohamed Apandi Ali will make a preliminary objection to former de facto Law Minister Zaid Ibrahim and former Umno leader Khairuddin Abu Hassan's judicial review applications filed against him.

The duo's applications were made to compel Apandi as AG to take action against Prime Minister Najib Abdul Razak on the RM2.6 billion donation affair and the RM42 million from SRC International Sdn Bhd found in the PM's personal bank accounts.

An indication of Apandi's preliminary objection was made during the case management of Khairuddin's matter today and Zaid's case yesterday by the respective senior federal counsel representing Apandi.

Lawyer Hanif Khatri Abdulla for Khairuddin and Amarjit Singh for Zaid told this to reporters after today's case management.

Hanif said the attorney-general's chambers did not indicate the grounds for the preliminary objection, but Amarjit said he suspected it would be on the issue of locus standi (legal standing) on whether such action can be taken against the AG.

Senior federal counsel Shamsul Bolhassan appeared for Apandi in the case by Khairuddin today, while Kogila Magai appeared for the AG yesterday in the case filed by Zaid.

Although deputy registrar Nor Hasniah Ab Razak indicated there would be separate hearings in the matter before Justice Hanipah Farikullah, both counsel indicated they would write in to apply that their applications for leave be heard together.

In judicial review applications, leave has to be gained before a full hearing of such application.

However, before hearing begins, preliminary objections will be heard by the court first.

'Unlawfully removed'

Nor Hasniah fixed March 3 for written submissions to be filed in court and March 18 to hear Khairuddin's case.

For Zaid's case, Amarjit said the court had fixed March 4 for hearing while submissions are to be filed in by Feb 25.

Khairuddin filed his application on Feb 3 which, among others, sought to declare that Apandi's predecessor Abdul Gani Patail was unlawfully removed and that this breached Article 156(6) of the federal constitution.

"Given that the removal of Gani was unlawful, Apandi's appointment as AG cannot be deemed valid," the application read, adding that Apandi also violated the concept of natural justice.

Ordering the MACC's case against Najib to be closed was, therefore, unreasonable and beyond his jurisdiction as provided for under Article 145(3) of the federal constitution.

Zaid, who filed his judicial review application the day before, also wanted to challenge Apandi's action not to prosecute Najib.

In Zaid's supporting affidavit for the application, the former de facto law minister said it was improbable that Najib did not know about the RM42 million entering his personal accounts.

Several lawyers, including senior lawyer Muhammad Shafee Abdullah, had commented that such challenges to Apandi's decision would most likely fail.