AG’s removal unlawful, says Ambiga
(The Sun Daily) – There is a constitutional provision when it comes to removing the attorney-general from his post, former Bar Council president Datuk Ambiga Sreenevasan (pix) said.
“This provision states that the AG serves at the pleasure of the Yang di-Pertuan Agong. What I can tell you is that this is not the process to remove the AG,” she told a press conference today.
“This is a constitutional appointment and what happened is totally unacceptable and unlawful,” she said when commenting on the removal of Attorney-General Tan Sri Abdul Gani Patail.
Ambiga said the removal of the chief public prosecutor was also completely unprecedented, and that Gani did not know anything about it prior to the announcement.
She said Gani has never complained about his health, and that there was no reason for his termination considering his contract was going to run out in October.
“We know it’s not a resignation, it’s a termination. We do not know for sure who removed him, but it possibly is the prime minister himself,” she said.
In a related development, Lawyers For Liberty executive director Eric Paulsen said the position of the AG is governed by the Federal Constitution.
“Under Article 145 (6) of the constitution, the AG’s security of tenure is protected and he ‘shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court’.
“Under Article 125 (3), a Federal Court judge (and therefore the AG) can only be removed through a tribunal that is appointed by the Yang di-Pertuan Agong for breach of code of ethics, inability, infirmity of body or mind or any other cause, to properly discharge the functions of his office,” Paulsen added.
Ambiga also said the removal of Deputy Prime Minister Tan Sri Muhyiddin Yassin and Umno vice-president Datuk Seri Shafie Apdal from the Cabinet smacked of a conspiracy linked with the debt-ridden 1Malaysia Development Berhad (1MDB).
“Isn’t it obvious? Everyone critical of 1MDB is out within 24 hours.
“It’s very obvious those affected like the AG and deputy prime minister were involved in questioning 1MDB one way or another,” she said.
She said there is now too much power concentrated in a very few people, and questioned the move to retain Prime Minister Datuk Seri Najib Abdul Razak as the finance minister.
“He still continues to be in charge of our money as finance minister, despite allegations against him being of a financial nature.
“Then you have the newly appointed deputy prime minister (Datuk Seri Ahmad) Zahid Hamidi who also has the home ministry. So all the necessary power is now concentrated in the hands of these two,” she added.
