Nizar vs Zambry case returns to High Court

By Chan Kok Leong (The Edge)

PUTRAJAYA: The Federal Court has unanimously overturned the Court of Appeal's decision to send the case concerning the legality of Datuk Dr Zambry Abdul Kadir's appointment as Perak menteri besar today.

The Court of Appeal had ruled on Friday that the Federal Court was better suited to answer constitutional questions pertaining to the interpretation of A16(6) of the Perak Constitution.

But Federal Court judge Tan sri Alauddin Mohd Sheriff said: "The High Court had no power to transfer the case to Federal Court.

"In view of Section 84 of the Courts of Judicature Act, we have no choice but to turn the matter back."

After hearing arguments from both sides, the Federal Court also allowed the Attorney-General (AG) office's request to intervene but only during this preliminary objection.

At the same hearing, the five-man panel of judges also ruled that there was no neccesity for a nine-man bench.

The five-man panel consists of Tan Sri Alauddin Mohd Sheriff, Datuk Ariffin Zakaria, Datuk Seri Augustine Paul Sinnappen, Datuk Zulkifli Ahmad Makinudin and Datuk James Foong Cheng Yuen.

According Datuk Seri Mohamad Nizar Jamaludin's lead counsel Sulaiman Abdullah, a full bench of Federal Court judges was needed as the implications of the case was far-reaching.

Although AG Tan Sri Gani Patail did not object to this, he was of the opinion that it was unnecessary.