A lawyer representing Umno president Najib Abdul Razak and its executive secretary Abdul Rauf Yusof, told the High Court in Kuala Lumpur today that former Langkawi Umno member Anina Saadudin does not have the legal standing for her suit to be heard.

Najib and Abdul Rauf are seeking to strike out Anina's suit over the RM2.6 billion which was deposited into the Umno president's personal accounts.

She filed the suit on Aug 28, where she sought that the monies or the balance be returned to the party.

Umno's Lawyer Mohd Hafarizam Harun further argued that the court cannot hear the case, as it does not have the jurisdiction to encroach on matters related to a political party.

"When Anina asked for an injunction to stop agents in Umno suspending or taking action on her in filing the suit, she already asked the court to enter the realm of a political party.

"This goes against Section 18 C of the Societies Act 1966, where the court has no jurisdiction to hear the suit. Furthermore, the moment Anina filed the suit against the party president and an office bearer, she ceased as a party member," said Hafarizam.

The Umno lawyer also submitted before judicial commissioner Mohd Zaki Abdul Wahab that Anina lacks the legal standing to initiate the suit owing to Section 9 (c) of the same Act.

"Anina is not a public officer of Umno who has been declared to, and duly registered by the Registrar of Societies. She is therefore is not competent to initiate this action against the defendants," Hafarizam argued.

Section 9 (c) states a society may sue or be sued in the name of one of its members as shall be declared to the registrar and registered by him as the public officer of the society for that purpose. If no such person is registered, it shall be competent for any power having a claim or demand against the society, to sue the society in the name of any office-bearer of the society.

Hafarizam also cited the decision by Judicial Commissioner S Nantha Balan who ruled Anina's membership ceased to exist following the letter issued by the party on Sept 1 and 2, and following that the court cannot enter into the affairs of a political party.

Derivative action

Meanwhile, Anina's lawyer Haniff Khatri Abdulla told the court that when she filed the suit, she was still a member and hence the court should consider the case.

Furthermore, Haniff said Anina filed the suit not for herself but on behalf of other members.

“This is not a plain and obvious case for the court to grant a striking out. It requires full determination and that the merits be heard regardless of her membership status.

“The termination has no effect to the cause of action as she was previously a member of the party before the expulsion,” he said

Hanif further submitted that Anina's suit is a derivative action as she was still a member when she filed the suit.

A derivative action is a claim brought by a shareholder (or member) of a company or a political party, in the name of, and for the benefit of, the company for a wrong against the company, which the company is unable or unwilling, through its directors, to pursue itself.

“If one were to look at the pleadings (statement of claim) it has complied with all the elements of a derivative action.

“Umno has not at any material time made any decision on the RM2.6 billion. On the face of it, there is no decision made regarding the matter.

Anina in her statement of claim, had alleged that the legal action is for the benefit of and on behalf of the party and its members.

She wanted the balance of the monies which Najib had kept in the account, said to be worth US$650 million, be given to Umno.

Mohd Zaki has fixed Dec 31 to announce his decision to the striking out application.