The Federal Court has overturned the Court of Appeal's landmark ruling that Section 62 of the MACC Act 2009, which requires an accused to file his or her defence before trial, was unconstitutional.

The five-man bench led by Chief Justice Md Raus Sharif unanimously ruled that the provision was constitutional and was not ultra vires the Federal Constitution.

"With respect, we disagree (with the appellate court)... We allow the appeal, we are of the view that Section 62 is constitutional," Justice Raus said when making his judgment today.

He also ordered for the case management of the corruption charge against Penang Chief Minister Lim Guan Eng - who challenged the constitutionality of Section 62 of the MACC Act - to be held at the High Court in Penang on Jan 10, 2018.

However, the chief justice set aside the High Court ruling that Lim needed to file his defence within 14 days.

The Court of Appeal previously ruled that Section 62 of the said law was ultra vires Articles 5(1) and 8 of the Federal Constitution.

The defence had argued then, and today, that this undermined the accused's right to a fair trial.

Justice Raus (photo) agreed with deputy public prosecutor Awang Armadajaya Awang Mahmud that Section 62 of the MACC Act does not prevent a defendant from submitting further documents in support after the trial has commenced, as provided by the Evidence Act 1950.

"So what is the problem?" he asked defence lawyer Gobind Singh Deo during the trial.

Today's ruling was made after one hour of submissions and 30 minutes of deliberation.

In June last year, Lim was charged with receiving gratification from businessperson Phang Li Koon, who sold him a two-storey bungalow on Jalan Pinhorn at below the market value.

Lim, who is also DAP secretary-general, has claimed that the bungalow was purchased on a “willing seller, willing buyer” basis and that the charge was a political conspiracy to end his political career.