Experts: Suit to nullify BN seats not feasible
PKR may face an uphill task in filing a suit to nullify the seats won by BN in the last general election based on the argument that the BN chairperson had used state funds to finance the ruling coalition's election machinery.
Last week, The Wall Street Journal ran reports saying RM2.6 billion from state-owned 1MDB had been deposited into Prime Minister Najib Abdul Razak's personal bank accounts, with the money used to finance the ruling coalition's 2013 general election campaign.
Following the WSJ report, PKR's Lembah Pantai MP Nurul Izhar Anwar said yesterday the party would file a civil suit to nullify seats won by BN as it meant that BN's 13th general election machinery had been illegally funded, going by the Election Commission definition.
PKR may face an uphill task in filing a suit to nullify the seats won by BN in the last general election based on the argument that the BN chairperson had used state funds to finance the ruling coalition's election machinery.
Last week, The Wall Street Journal ran reports saying RM2.6 billion from state-owned 1MDB had been deposited into Prime Minister Najib Abdul Razak's personal bank accounts, with the money used to finance the ruling coalition's 2013 general election campaign.
Following the WSJ report, PKR's Lembah Pantai MP Nurul Izzah Anwar said yesterday the party would file a civil suit to nullify seats won by BN as it meant that BN's 13th general election machinery had been illegally funded, going by the Election Commission definition.
"This expose has left Malaysia reeling from the allegations," Nurul Izzah( photo ) said, adding that the Election Commission, due to its 'expected nature', could not be depended upon to take action.
However, a senior lawyer and a former Court of Appeal judge are of the opinion the party may face an uphill task in pursuing such a suit.
Former Malaysian Bar chairperson Christopher Leong said any such suit filed would be premature at this juncture.
“Much of the information available at present concerns allegations of impropriety or illegal election funding or use of funds.
Leong said these are from media reports and documents that require further verification.
“The documents thus far provide an incomplete picture, and I would say an inconclusive picture,” he told Malaysiakini.
‘Do investigations properly first’
In addition, Leong said, based on the decision of the Court of Appeal and Federal Court on the suit filed by PAS, PKR and DAP over the indelible ink issue to annul the results of GE13, the PKR action may face obstacles.
This is because the two higher courts had ruled that in challenging an election, it must be brought through an election petition, not through a civil suit.
“Therefore, a person seeking or contemplating a suit, albeit based on different facts and grounds, for a declaration to annul the results of the 13th general election, would face an uphill task,” Leong ( photo ) added.
Former Court of Appeal judge Mohamad Arif Md Yusof, who has previously appeared as lawyer in several election petition cases, hold the same view as Leong.
“I doubt very much that nullifying the BN seats can be done. The law contemplates individual challenges to election results, through election petitions,” said Mohamad Arif, who retired earlier this year.
Leong said although the media report painted an alarming picture, the issue has nevertheless raised more questions than answers.
“In this regard, the investigations by the various authorities should be conducted professionally, independently and quickly,” the former Bar president said.
Related reports
Zeti flirting with disaster, says Zaid
CIMB Islamic banker fumbles, chief Nazir frowns
Musa Aman got away with it, why not PM?
A task force that reports to the accused
PM, an honourable man would have stepped aside
Perhaps time to impound chief suspect’s passport
'PAS top two back Najib despite failed state threat'
Are you sure you want to delete this comment?
This action cannot be undone.