Muhyiddin no longer PM, court rejects ex-Umno leader’s appeal
The Court of Appeal today dismissed an appeal by Khairuddin Abu Hassan, a close ally of Dr Mahathir Mohamad, to compel Attorney-General Idrus Harun to advise Muhyiddin Yassin to step down as prime minister.
The reason was that Muhyiddin had already resigned on Aug 16 last year. Current Prime Minister...
The Court of Appeal today dismissed an appeal by Khairuddin Abu Hassan, a close ally of Dr Mahathir Mohamad, to compel Attorney-General Idrus Harun to advise Muhyiddin Yassin to step down as prime minister.
The reason was that Muhyiddin had already resigned on Aug 16 last year. Current Prime Minister Ismail Sabri Yaakob took over the position five days later.
The three-person bench chaired by Court of Appeal judge Hanipah Farikullah unanimously ruled that the appeal has been rendered academic. The other panel members were judges Azizah Nawawi and Darryl Goon.
The appeal was against the Kuala Lumpur High Court’s decision on April 27 last year to dismiss Khairuddin’s bid for leave to commence judicial review against Idrus.
Khairuddin contended that Idrus failed to exercise his constitutional duty as AG to advise Muhyiddin to step down, over reason that the Bersatu president had allegedly lost the majority support of members of Parliament.
During this morning’s online proceedings via Zoom, Hanipah ruled that it is no longer tenable for the court to answer the questions in the appeal as the underlying factual stratum of the matter no longer exists.
Academic and hypothetical
The judge said the issue at the heart of the judicial review leave application has become academic and hypothetical, and that it would be effectively acting in a vacuum if it were to continue with the matter.
“Accordingly, the preliminary objection raised by the federal counsel (senior federal counsel who acts for Idrus in the appeal) is allowed, and the appeal is dismissed.
“RM10,000 costs awarded to the respondent,” Hanipah said. In effect, Khairuddin was ordered to pay that amount in legal costs to Idrus.
Lawyer Mohamed Haniff Khatri Abdulla acted for Khairuddin, who was former Batu Kawan Umno vice-chief and now Federal Territories Pejuang chief. Ex-premier Mahathir is Pejuang chairperson.
Senior federal counsel Low Wen Zhen represented Idrus.
Through the judicial review leave application, Khairuddin sought a mandamus order for respondent Idrus to advise Muhyiddin to seek an audience with the Agong so that the Bersatu president can announce stepping down as premier.
The applicant claimed that Idrus had failed in his constitutional duty as AG to advise the Agong on Jan 9 last year that Muhyiddin had allegedly lost the majority support of MPs and thus unqualified to advise the Agong.
Withdrew support
On Jan 9 last year, Machang MP Ahmad Jazlan Yaakub withdrew his support for the Perikatan Nasional (PN) administration under Muhyiddin, resulting in a drop in PN’s majority to 110 out of 220 lawmakers in Parliament.
Khairuddin also sought a mandamus order to compel Idrus to advise Muhyiddin that he (Muhyiddin) no longer prima facie had the support of the majority of MPs, following the withdrawal of support not only by Jazlan but also by Padang Rengas MP Mohamed Nazri Abdul Aziz.
On Jan 12 last year, Nazri announced his retraction of support to Muhyiddin, because the premier’s move to seek the Agong's consent and declare a nationwide emergency was an indirect admission that the Pagoh MP has lost his majority support in Parliament.
He also claimed that as a result of Muhyiddin losing the majority support of MPs, then the premier does not qualify under the Federal Constitution to give any advice to the Agong on Jan 11 last year.
On that day, Muhyiddin along with a delegation that included Idrus, had an audience with the Agong to advise His Majesty over the declaration of the emergency to tackle the Covid-19 pandemic in Malaysia. The state of emergency has since been lifted last year.
Khairuddin had also previously filed a failed legal bid to challenge Muhyiddin’s advice to the Agong for the then Emergency Declaration.
