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Gani tightlipped if removal linked to task force

Abdul Gani Patail's service as the attorney-general ended yesterday, after holding the post for 11 years.

Contacted by Malaysiakini , Gani, who is reportedly in the dark over this development, refused to speculate on his removal.

"I don't want to say a word," he said.

Asked if this was related to the special task force probing 1MDB, Gani replied: "Never mind. I don't want to say a word. Nanti saya cakap ni banyaklah."

It is unclear if Gani ( photo ) meant that he would elaborate on the matter later when he remarked, "nanti saya cakap in banyaklah."

This morning, chief secretary to the government Ali Hamsa released a statement announcing that Gani had health problems and would be replaced by former Federal Court judge Mohamed Apandi Ali.

"The Yang di-Pertuan Agong, on advice from the prime minister, has consented to Apandi's appointment as the attorney-general, effective July 27.

"Gani will continue serving the country as a judicial and legal service officer until he undergoes mandatory retirement on Oct 6, 2015," Ali added.

Ali's statement did not say if either Gani or Apandi would now head the 1MDB task force.

Constitution states removal must be done by tribunal

A check by Malaysiakini showed that the Federal Constitution stipulates that the person holding the position of AG can only be removed via a tribunal appointed by the Yang di-Pertuan Agong.

Article 145 (6) states: The person holding the office of Attorney-General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office, except on the like grounds and in the like manner as a judge of the Federal Court.

In relation to the removal of a Federal Court judge, Article 125 (3) states: If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the Yang di-Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3b) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di-Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.

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