The High Court in Kuala Lumpur today struck out former senator Ezam Mohd Noor's US$3.66 billion suit against caretaker prime minister Najib Abdul Razak, the government, 1MDB and its current and former directors.

Justice Nik Hasmat Nik Mohamad ruled that Ezam has no locus standi to initiate the suit on behalf of Malaysian citizens, as he was not a director, shareholder or has any interests in 1MDB.

The judge also ruled that Ezam's suit was frivolous, vexatious and an abuse of the court process.

Describing the suit as mischievous, Justice Nik Hasmat said the attorney-general (Mohamed Apandi Ali) had cleared Najib and the MACC also issued a statement regarding this in January 2016.

"It is just a bare assertion," she said.

The judge, however, stopped short of stating that the court took judicial notice of Najib being cleared over 1MDB as the Court of Appeal did in Petaling Jaya Utara MP Tony Pua's injunction case.

The court added that Ezam filed the action with a political motive to benefit himself and there was no evidence 1MDB suffered losses or the directors had breached their duty.

After striking out the suit, Justice Nik Hasmat ordered Ezam to pay RM63,000 costs to the defendants.

Apart from this suit, four other actions against Najib in relation to 1MDB had been dismissed by the courts, namely by former premier Dr Mahathir Mohamad, Pua, former minister Zaid Ibrahim and Pakatan Harapan Youth group Gerakan Anak Muda Tolak Najib (GANT1).  

The court's decision came as Najib (photo) prepares to lead BN to face Harapan's Mahathir in the coming 14th general election. 

In his suit, Ezam claimed that Najib, nine former 1MDB directors, five present directors and the government had breached their fiduciary duties, accusing them of intentionally causing “wrongful losses” of US$3.66 billion for 1MDB.

The US$3.66 billion total sum claimed by Ezam came from US$1.03 billion transferred to Good Star Ltd and used for a joint venture with PetroSaudi International Ltd, a US$1.367 billion paid to Aabar BVI and a US$1.26 billion paid to Tanore Finance Corporation (TFC).

He said he filed the suit in his personal capacity as a taxpayer and to represent all Malaysians, and pledged to return the damages back to the 1MDB and the government, should the court rule in his favour.

'Let the people be the judge'

Asked for his comment, Ezam said he respected the court's decision but will remain unshaken by what he claimed to be a violation of justice.

"Najib instructed his lawyers to make sure that the documents related to the 1MDB case do not appear. In Singapore, we saw several people charged and convicted, and two banks closed down. I wanted to adduce the court documents from Singapore to be included in my affidavit.

"If we look at the Public Accounts Committee report, it pointed to possible abuse by 1MDB's former chief executive officer Shahrol Azral Ibrahim Halmi, but till today no action taken (against him), as well as to Jho Low," he said.

Ezam said he told his lawyers that he would not be appealing against today's decision.

"Let the people now be the judge in the next general election," he added.

On Jan 18, Hisbah Malaysia announced that it will field Ezam in the Shah Alam parliamentary constituency.

Asked about this, he said he would need to reconsider standing in Shah Alam.

"The redelineation has made BN stronger (in Shah Alam). I will have to reconsider and relate my intentions later when the nomination day approaches. However, my support goes to Pakatan Harapan," he said.