GE14 | Umno legal adviser Mohd Hafarizam Harun today maintained that BN candidates can file their nomination papers for 14th general election this Saturday, despite an ongoing court case challenging Umno's legality.

Hafarizam pointed out that Najib Abdul Razak had already signed the candidates' letters of appointment in his capacity as BN chairperson, and not as Umno president.

"The candidates running in the general election on May 9 represent BN as a coalition of 13 parties, and they are not standing on their own party's status.

"Hence, the notion made by certain quarters, including the opposition, that BN cannot contest GE14 is incorrect," he told reporters outside the Kuala Lumpur High Court today. 

According to the lawyer, there is nothing in the BN constitution dictating that the Umno president must be the BN president.

"It operates on a consensus basis.

"Whether Umno gets declared illegal or not will not have even the slightest iota of bearing on BN contesting.

"Why? When you submit your nomination form this coming Saturday (nomination day), the one that you will bring as your watikah, or appointment letter, will be signed by the BN chairperson," he said.

Recalling Umno being declared illegal in 1987, Hafarizam noted that nothing much changed with BN due to then-MCA president Dr Ling Liong Sik becoming the de facto leader of the coalition. 

When pointed out that the situation in 1987 was different as there was no general election, he only said that the Dr Mahathir Mohamad administration at the time stood despite the party being deemed illegal. 

Although there is the perception that the whole coalition would split apart if Umno is dissolved, he said, BN is a separate legal entity from any of its members.

"I don't see the merit in such arguments as claimed, unless it is meant to create confusion."

Mohd Haniff Khatri Abdulla, who is representing the 16 sacked members making the challenge, claimed on Friday that lingering questions over Umno's legality prohibit Najib from signing candidates' appointment letters.

He added, however, that the final decision on the eligibility of those filing their papers on nomination day lay with the Election Commission.

The court today heard submissions from lawyers representing the 16 former Umno members.

The group had filed an application against the Registrar of Societies seeking to quash a deadline extension granted to Umno to hold party elections.

They also want the party dissolved for not holding elections for almost five years.