A lawyer is set to go to the Federal Court to reinstate his legal challenge against the royal pardon granted to opposition leader Anwar Ibrahim over a sodomy case.

Mohd Khairul Azam Abdul Aziz (above) confirmed that he will appeal against today’s Court of Appeal decision which struck out his legal action.

“I accept the Court of Appeal’s decision with an open heart.

“However, I have directed my counsel (Mohamed) Haniff Khatri (Abdulla) and Reza Hassan to file an application for leave to appeal to the Federal Court over the decision,” Khairul said in a media statement released this afternoon.

Earlier today, a three-member Court of Appeal bench allowed an appeal by the Port Dickson MP and the Pardons Board to strike out Khairul’s legal action. 

The panel comprising judges Has Zanah Mehat, Mohd Sofian Abd Razak and Lee Heng Cheong ruled that the claims made by Khairul against the two appellants were clearly unsustainable for not disclosing any reasonable cause of action.

Anwar and the board were appealing against a Kuala Lumpur High Court decision on Sept 21 last year which dismissed the duo’s application to nullify the legal action. 

Opposition leader Anwar Ibrahim

On Feb 26 last year, Khairul filed the suit to overturn the royal pardon granted to Anwar over his sodomy case. 

A few months later on June 2, Anwar filed the striking-out application. 

Haniff was previously reported saying that Khairul’s legal action is not a challenge against the power of the Yang di-Pertuan Agong in relation to royal pardons.

He said the suit seeks for the court to ventilate the issue of whether the Pardons Board was validly constituted when it advised the Agong over the issue of royal pardon over Anwar’s sodomy sentencing and conviction.

On May 16, 2018, Anwar was released from jail following the royal pardon concerning his sodomy case involving his former aide Mohd Saiful Bukhari Azlan.