Former senator Ezam Mohd Noor today filed and served his notice of appeal over the US$3.66 billion suit against caretaker prime minister Najib Abdul Razak, the government, 1MDB and its current and former directors.

This was confirmed by Ezam's lawyer Farez Jinnah.

Ezam told Malaysiakini that he had a change of mind after being advised by his lawyers.

"There is a demand from the public to continue the fight in court till the end," he told the news portal.

Previously, Ezam said he told his lawyers that he would not be appealing against the decision. 

On April 9, Kuala Lumpur High Court judge Nik Hasmat Nik Mohamad struck out the suit ruling that Ezam had no locus standi to initiate the suit on behalf of Malaysian citizens, as he was not a director, shareholder nor had any interests in 1MDB. 

Describing the suit as mischievous, Justice Nik Hasmat said the attorney-general Mohamed Apandi Ali had cleared Najib and the MACC also issued a statement regarding this in January 2016.

"It is just a bare assertion," she had said.

The judge, however, stopped short of stating that the court took judicial notice of Najib being cleared over 1MDB as the Court of Appeal did in Petaling Jaya Utara MP Tony Pua's injunction case. 

In his suit, Ezam claimed that Najib, nine former 1MDB directors, five present directors and the government had breached their fiduciary duties, accusing them of intentionally causing “wrongful losses” of US$3.66 billion 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.

He said he filed the suit in his personal capacity as a taxpayer and to represent all Malaysians, and pledged to return the damages back to the 1MDB and the government, should the court rule in his favour.