Citing a coram failure at the Federal Court, PKR de facto leader Anwar Ibrahim wants a review of the Federal Court's decision on Oct 27 made against him, led by a bench headed by Court of Appeal president Justice Zulkefli Ahmad Makinudin.

Anwar in his supporting affidavit to his notice of motion for review filed today said there are questions surrounding Justice Zulkefli's position as he had reached the mandatory retirement age of 66 years and six months.

“He retired from the post of president of the Court of Appeal upon attaining the age of 66 years and having received six months extension under Article 125(1). Thereafter, he became disqualified from the post of president of the Court of Appeal,” Anwar said in his affidavit.

Anwar is the first person to file an application based on coram failure, following questions surrounding the appointments of Zulkefli and also Chief Justice Md Raus Sharif (photo) beyond the mandatory retirement age of 66 years and six months.

“Following his purported appointment as an additional judge, Justice Zulkefli was reappointed as president of Court of Appeal on Sept 28. The said appointment is unconstitutional as it is in violation of Article 122(1A) and Article 125(1) of the Federal Constitution.

“I respectfully state that the additional judge of the Federal Court appointed pursuant to Article 122(1A) is not constitutionally qualified to hold the position of the president of the Court of Appeal,” Anwar said.

The former opposition leader said that the circumstances of the sitting held on Oct 27 were inadequate as a minimum of three judges are necessary under Section 74(1) of the Courts of Judicature Act 1964.

“Since Justice Zulkefli as chairperson of that bench is disqualified from sitting, Section 74(1) was not complied with,” Anwar added.

On Oct 27, Justice Zulkefli dismissed an application by Anwar to be present during the of hearing on leave to appeal against the Election Commission, the former chairperson Abdul Aziz Mohd Yusof and the government for not being allowed to vote for the Permatang Pauh by-election of which he was the former MP.

Anwar's lawyers filed the motion for a review this afternoon seeking a fresh hearing on Anwar's application which was dismissed on Oct 27. The case has now been fixed for the hearing of the leave application on Dec 15.

It was previously reported that the Court of Appeal had dismissed Anwar's appeal against the EC five months ago.

This is the first time the constitutionality of the top two posts in the judiciary has been brought to the apex court.

Presently there are three challenges at the High Court against the appointments of Justice Raus and Justice Zulkefli.