Former law minister Zaid Ibrahim has claimed it is highly improbable Prime Minister Najib Abdul Razak could be in the dark over the RM42 million from SRC International Sdn Bhd deposited into his private bank accounts.

He stated this in the supporting affidavit for his application to seek a judicial review on attorney-general Mohamed Apandi Ali's decision not to prosecute the prime minister, which was sighted by Malaysiakini .

The application, among others, seeks a mandamus order to compel a prosecution against Najib under the existing Malaysian Anti-Corruption Commission (MACC) Act and Penal Code.

In his supporting affidavit, Zaid said he filed the application as a taxpayer who has a legitimate interest in the administration of justice.

"It would appear that the explanation given by Najib as communicated by the respondent (attorney-general Mohamed Apandi Ali), by way of a press statement, is that the former was unaware of this transfer of RM42 million into his personal accounts.

"I respectfully said the explanation given by Najib is highly improbable given the large sum involved and the totality of the circumstances surrounding the transaction," he added.

Zaid said the AG is under duty to institute criminal charges against Najib and place the suspicious circumstances concerning the monies in question before a court of law for judicial evaluation of either guilt or innocence.

"There are also questions as to where the money went. There is thus a prima facie case for Najib to answer," he added.

Furthermore, the former Umno lawmaker said the AG has no power to direct the closure of the MACC files.

Hence, he argued Apandi's decision was ultra vires (beyond the powers) of Article 145 (3) of the federal constitution and therefore null and void.

"The invalid direction is, I respectfully state, evidence from which may be inferred that the respondent (AG) has not exercised his discretion in accordance with the law.

"He has abused the discretion conferred upon the AG by the provisions of Article 145(3) of the federal constitution in the manner set out in the statutory statement filed herein," he said.

Besides seeking a mandamus order, Zaid is also seeking a certiorari to quash Apandi's decision not to charge the prime minister as well as a declaration that the decision not to prosecute Najib is ultra vires of Article 145 (3) of the federal constitution and a declaration that the AG directing the MACC to close its files is also ultra vires of the same Article.

Zaid in his supporting affidavit claimed that Apandi's decision had violated his right guaranteed under Article 5(1) where no person shall be deprived of his life or personal liberty save in accordance with the law and Article 8(1) where everyone is equal before the law and entitled to equal protection of the law.

Last Tuesday, Apandi had cleared Najib of any wrongdoings in the RM2.6 billion donation and SRC International cases.

However, Malaysiakini quoted sources familiar with the investigations claiming that MACC recommended three charges under Section 403 of the Penal Code.

Najib has denied abusing public funds for personal gain and blamed such allegations on those attempting to topple him from power.