Kimanis seat: Anifah files appeal against 'null and void' decision

Former foreign affairs minister Anifah Aman has filed an appeal against the Election Court's ruling that his victory in the Kimanis parliamentary seat during last year's general election was null and void.

This was confirmed by his lawyer Ansari Abdullah.

"We have just 'e-filed' the notice of appeal (earlier) today," he said when contacted today.

E-filing is the judiciary's online filing system, also known as e-kehakiman.

Anifah will now have two months to file his memorandum of appeal.

“We expected the Election Commission (EC) to appeal since the election court had ruled against them.

“(But) since the chairperson had confirmed they are not appealing, our client had no choice but to instruct us to appeal,” Ansari added.

In a statement today, the EC has said that they would not be appealing the court's decision.

Its chairperson Azhar Azizan Harun said they, however, would take part in the appeal proceedings if necessary.

On Aug 16, the Kota Kinabalu Election Court declared Anifah's victory in the Kimanis seat was null and void after finding that the EC had not conducted the election in accordance with election rules. 

Judge Lee Heng Cheong had found wrongdoing in the handling of Borang 13 and 14, as alleged by the seat’s GE14 Warisan candidate Karim Bujang.

The judge had found no basis for Karim’s claim that Anifah had been involved in corrupt practices during the election.

Anifah had beat Karim for the 29,618-elector seat with a razor-thin 156 votes.