Anwar Ibrahim's appeal against his sacking from the government in 1998 will be heard by the Federal Court on Thursday.

Claiming that he had been unlawfully dismissed over trumped-up sodomy charges, Anwar has named then prime minister Dr Mahathir Mohamad and the government as respondents in the suit.

NONE When the matter was up before the apex court this morning, Anwar's lawyer Karpal Singh had urged Federal Court judge Hashim Yusoff to disqualify himself from the case as the judge had previously presided over Anwar's sodomy case at the Court of Appeal.

Justice Hashim who is the second judge in the three-member bench at the Federal Court agreed to the request.

"If you want me to recuse myself, I will," he said.

This prompted Court of Appeal president Alauddin Md Sheriff to ask Karpal if he wanted to proceed with the appeal without Hashim's presence or wanted a postponement so that a replacement judge could be found.

The third judge on the panel is Abdull Hamid Embong.

Replacement of judge

Karpal then asked for a short adjournment to seek instructions from Anwar, who was present in court with his wife and PKR president Dr Wan Azizah Wan Ismail.

After consulting with Anwar and informing the court's deputy registrar, the apex court fixed Thursday to hear the matter, with another judge to replace Hashim.

Senior federal counsel Kamaluddin Md Said appeared for Mahathir and the government.

On Thursday, the apex court will hear two question of law brought by Anwar's team:

Whether Article 43(5) of the federal constitution, specifically require the Agong to be the authority which revokes the appointment of the deputy prime minister and finance minister, or whether the cabinet has the right to revoke any appointment it makes; and

Whether the deletion of Anwar's name as deputy premier and the substitution of Mahathir's name as finance minister by virtue the Federal Government (Amendment) Order 1998, could in anyway cure the complete absence of the former premier complying with the explicit provision of the said Article 43(5).