Former Malaysian Prime Minister Najib Razak was not allowed to appeal against a Court of Appeal ruling that barred him from collaborating in civil proceedings brought against him and several other others by 1Malaysia Development Berhad (1MDB) for $681 million.
His application was dismissed by a three-judge panel of the Federal Court, which included Sabah and Sarawak Chief Justice Abdul Rahman Sebli and Federal Court judges Rhodzariah Bujang and Hanipah Farikullah.
Delivering a unanimous decision, Justice Abdul Rahman said the court was not satisfied that this was a fit and proper case for it to exercise its discretion to grant leave under s. 96 of the Act on Common Courts of 1964, adding that the case is of an educational nature.
He ordered Najib to pay RM30,000 ($6,400) in costs to 1MDB and its 4 subsidiaries, 1MDB Energy Holdings Limited, 1MDB Energy Limited, 1MDB Energy (Langat) Limited and Global Diversified Investment Company Limited.
On November 10, 2022, Supreme Court Justice Atan Mustafa Yusoff Ahmad dismissed Najib’s request for leave to take part in proceedings to put aside the Mareva order obtained by 1MDB and its 4 subsidiaries.
Another appeal by the previous Pekan MP, who’s currently serving a six-year sentence in Kajang Prison, was dismissed by the Court of Appeal on November 24, 2023.
1MDB and its 4 subsidiaries filed a lawsuit in May 2021 against Najib, Terrence Geh Choh Heng (former CFO of 1MDB), Jasmine Loo Ai Swan (former legal advisor of 1MDB), Casey Tang Keng Chee (former executive director of 1MDB ), Vincent Beng, Radhi Mohamad (former CFO after which COO).
On February 8, 2022, the High Court issued an ex parte Mareva order against Najib.
On September 27 last yr, the High Court upheld the inter-party judgment, following which Najib appealed to the Court of Appeal.
The court order obtained by the businesses provided for the freezing of Najib’s assets before the civil case is resolved.
The order also restricts Najib from paying not more than RM100,000 per thirty days for living and legal expenses. If greater authorization is required, written consent should be obtained from 1MDB and Global Diversified attorneys.
A Mareva Order is an order stopping the disposition of property until the legal proceedings are resolved or accomplished.
During Wednesday’s proceedings, Najib’s lawyer, Muhammad Shafee Abdullah, said his client desired to attend the proceedings to tell his lawyers in regards to the case.
However, legal counsel Siva Kumar Kanagasabai, representing 1MDB and its 4 subsidiaries, said the matter was academic in nature because the Mareva injunction hearing, which Najib desired to attend, was over.
Najib’s other aide, Alaistar Brandah Norman, told reporters that his appeal to have the order lifted could be heard on August 26.
