Why Mohd Nizar shouldn’t appeal to the Federal Court
Prime Minister Datuk Seri Najib Tun Razak has already started to lure Nizar into his trap by saying that Pakatan should appeal to the Federal Court. He was quoted by The Star saying: “I understand they will likely appeal to the Federal Court. It is their right to do that and we will ACCEPT the decision by the Federal Court which is the highest court.” (Emphasis of the word accept is mine). He repeated this particular statement since last Friday.
By Ibrahim Ahmad
Legal Perak MB Datuk Seri Mohd Nizar Jamaluddin's lawyers are set to appeal to the Federal Court to overturn the scandalous ruling made by the Appeals Courts on Friday last week. That the judgment was the most ridiculous, callous and cruel ruling ever made after Anwar's staged managed convictions is not in doubt.
There is more than meets the eye in Najib challenging Pakatan to appeal to the Federal Court. He is prodding Mohd Nizar to go on; after all Najib knows the outcome. It is what the Arabs call Amrun qad qudiya bil-layl (A matter that has been predetermined) but the one who determined it feigns extreme ignorance.
Please digest the statements he has made as the nation waited for the Appeal's Court decision. Even the most stupid person could tell what was coming. He was so confident that whenever he was asked about the crisis, his only response became 'why not wait for the Appeal's court.' Well, it has taken 5 minutes express ruling to know what he meant by 'wait for the ruling' and even Nizar knew and that's why he has boycotted the Court on Friday.
In no way under any circumstance whatsoever will YB Mohd Nizar get a just ruling in the Federal Court. It is easier to raise the dead than that happening. YB Mohd Nizar should know that we are dealing with a cruel clique who are restrained neither by God nor by human decency. Zaki Azmi (the Chief Justice) knows where his bread is buttered. It took him one year to reach the pinnacle of the judiciary while it should have taken him at least 20-30 years. Apart from him, we know who are the other judges. This is why Najib is not only confident but is nudging Pakatan to appeal to the Federal.
Why does Najib want the Court's way? One, he knows he no credibility with Malaysians and therefore to face Pakatan in Perak is suicidal. The man has a thick skin. He knows his image is in tatters and he is downright mean and meaningless. He is the only PM in our history who has the audacity to use our name “Malaysia” but refuses to face us Malaysians. He is the only PM in our history who can't create a momentum but destroys whatever little that was left to him. He knows the nation is not interested in him despite his incessant spin and narcissistic spins-masters. To face that nation therefore is suicidal. So, he goes to his peers. Those who share destiny with him. Peers that the Holy Quran calls “evil people of mutual bargain.” So Pakatan should refuse to accept his duel and go to the people.
The second reason Najib wants to the Federal Court is that once his already written judgment is delivered, it shuts the door on Pakatan for further appeal. By doing that, he wants Pakatan to legitimize his power grab in Perak and argue that the “courts have decided, we should accept” and other hogwash. We can't accept a skewed ruling neither can we accept an evil judiciary that's manned by godless elements who are partisan.
So what should Pakatan do? YB Nizar should issue a statement in which he informs the nation that won't appeal to the Federal Court. This serves him well on many fronts.
One, he will deny Najib the “Federal Court” legitimization that he is desperately seeking.
Two, his action will awaken many people concerning the judiciary. Remember the Lingam tape and how it became a rallying call during the elections.
Third, by stopping midway, Nizar stalls the process and denies Najib a finality.
Fourth, Nizar takes his case to the people. By appealing to the 'People's Court' unlike Zaki's Courts, Nizar will shame Najib. The people will come to know that while Nizar draws his strength from the people, Najib draws his strength from partisan state institutions. During the 2007 Turkish Presidential Crisis, Turkish PM Recep Tayyip Erdogan refused to go the Courts' way as his opponents wanted and went to the people. Wherever he went, he proclaimed that he drew his strength from his nation and people and not from state institutions run by oligarchs. Erdogan emerged victorious from otherwise a most challenging case. Nizar should shame Najib and depict him as anti-people, coward, loser and a sadist who will destroy state institutions in order to cling to power.
Fifth, Perak crisis will linger on even if Zambry continues to claim the MB-ship. This should continue till the next elections. With Najib already carrying heavy baggage, Perak would be his Waterloo and the Nation will deliver a verdict on a man who could stop at nothing in order to have power. It will end a bizarre chapter of our nation's history. Malaysians will tell Najib that the nation won't be mortgaged in order to satisfy him.
Sixth, by stalling the process, Nizar would influence the educated and the fence sitters on the importance of state institutions and the need for credible leadership. This will help Pakatan come to federal power in the next elections.
Seventh, whenever BN leaders argue that Nizar should go to the Federal Court, Nizar would argue that he wants to go the people. The contrast is too powerful for anyone to ignore. It means a lot to him and his PR alliance.
Eighth, by showing that he has no faith in shotgun judiciary manned by partisan judges, Nizar's message that there is need for change will convince every Malaysian who wants a better Malaysia to punish Umno and BN so that state institutions are protected from misuse.
