Parti Bebas Rasuah (PBR) president Mohd Ezam Md Noor has filed a lawsuit against Prime Minister Najib Abdul Razak and 15 others for US$3.657 billion over the losses incurred by 1MDB.

The suit was filed in the High Court in Kuala Lumpur today.

In his statement of claim, Ezam, who is a former Umno senator, said the 16 are jointly responsible for the matter.

Najib is being sued in his capacity as finance minister and chief executive of the government while 1MDB and the government are also named as defendants.

The other defendants are treasurer-general Mohd Irwan Serigar Abdullah, 1MDB president Arul Kanda Kandasamy and two current and nine former 1MDB directors.

The present directors are Kamal Mohd Ali and Norazman Ayob, while former ones named are Che Lodin Wok Kamaruddin, Ismee Ismail, Ong Gim Huat, Shahrol Azral Ibrahim Halmi, Ashvin Jethanand Valiram, Mohd Hazem Abd Rahman @ Mohamed, Mohd Bakke Salleh, Azlan Mohd Zainol and Tenku Rahimah Al-Marhum. 

The former directors were appointed into the board between 2009 and 2012.

"1MDB obtained finance for itself through borrowings from third parties through the issuance of bonds.

"The said borrowings and loans were obtained by 1MDB with the approval of Najib," Ezam states in the statement of claim.

Paid persons not entitled to receive sum

Accusing Najib and nine former 1MDB directors of being in breach of fiduciary duty, he claimed the 10 acted in concert, caused or produced the sum of US$3.66 billion to be paid out to persons who were not entitled to receive the sum.

Ezam, who was represented by lawyer Farez Jinnah, accused them of intentionally causing "wrongful losses" for 1MDB.

The US$3.66 billion total sum claimed by Ezam came from US$1.03 billion transferred to Good Star Ltd and used for a joint venture with PetroSaudi International Ltd, a US$1.367 billion paid to Aabar BVI and a US$1.26 billion paid to Tanore Finance Corporation (TFC).

"Najib and the defendants also failed to take any reasonable steps to recover the payments made," he added.

Since no one initiated any action to recover the losses, Ezam said, he filed the suit in his personal capacity as a taxpayer and to represent all Malaysians.

If the court rules in his favour, he pledged to return the compensation back to 1MDB and the government.

"The purpose of filing the action is to allow the court to determine who is liable for the losses of 1MDB," Ezam told the media at the Jalan Duta court complex in Kuala Lumpur after filing the suit.