Khairuddin in court bid to unseat Najib, Zahid for ‘violating oath’

The businessman says both leaders have violated their constitutional oath for being untruthful about the source of the RM2.6 billion that was transferred to Najib’s account.

(FMT) – A former Umno leader is seeking a declaration that Prime Minister Najib Razak and his deputy Ahmad Zahid Hamidi are unfit to be in the cabinet for misleading the public that RM2.6 billion in Najib’s account came from an Arab donor.

Khairuddin Abu Hassan, an ardent critic of the state investor 1Malaysia Development Bhd (1MDB), said Najib and Zahid had violated their oath of office prescribed under the Sixth Schedule of the Federal Constitution.

The former Batu Kawan Umno division vice-chairman, who was sacked in 2015, wants a declaration that Najib is unfit to hold the Prime Minister’s post or to be a member of the cabinet established under Article 43 of the constitution.

Khairuddin, also wants a similar declaration that Zahid is unfit to hold any position in the cabinet.

The King appointed Najib prime minister after his Barisan Nasional coalition was returned to federal power in the 13th general election held on May 5, 2013.

Zahid was appointed home minister but was made deputy prime minister following the removal of Muhyiddin Yassin on July 28, 2015, following Muhyiddin’s criticism of the 1MDB issue.

In his statement of claim filed by Messrs Syed Iskandar Syed Jaafar in the High Court registry today, the businessman said he had legal standing to bring the suit in his capacity as a voter.

He said before holding the office of Prime Minister, Najib took the oath prescribed by the Sixth Schedule to preserve, protect and defend the constitution.

“Upon the taking of the oath, the first defendant (Najib) became a trustee of his office in public law and was accordingly under a duty not to knowingly misrepresent facts or to mislead the citizens or to lie to them on material issues,” he said.

He said the same applied to Zahid.

Khairuddin said sometime in March 2013, US$681 million (RM2.6 billion) was deposited in the private account of Najib.

He said the amount was part of the monies belonging to 1MDB and paid into Najib’s account through a circuitous route.

Khairuddin, in support of his suit, provided a chart showing the route the monies took.

He said Najib had on several occasions publicly denied that the monies belonged to 1MDB and instead declared that it had come from an Arab donor.

“This statement is and was false to the knowledge of the first defendant (Najib) at the time he made it.

In truth the monies came from a company called Tanore Corporation Finance which is controlled by Low Taek Jho or Jho Low,” Khairuddin added.

“Having uttered the aforesaid falsehood, the first defendant stands in violation of the solemn oath that he took.

“He has accordingly acted in breach of the trust reposed in him by the citizens of Malaysia and is unfit to hold the high office of Prime Minister or to be a member of the Cabinet,” he said.

In the case of Zahid, Khairuddin said the second defendant publicly as well as in the Dewan Rakyat had declared that he had met the donor or donors of the US$681 million .

“The said statement by Zahid is and was false to his knowledge at the time he made it. Accordingly, the second defendant stands in violation of the solemn oath that he took,” he said.

Last month, Khairuddin filed a suit seeking an order that the prime minister’s wife, Rosmah Mansor, return a 22-carat pink diamond set in a necklace to 1MDB.

Khairuddin had then said he was initiating the suit as no other individual was bringing any action to recover the jewellery and enforce the law.

He said that between June 2013 and March 2014, Jho Low, acting through his agent, Tan Kim Loong, purchased the jewellery from Loraine Schwartz in New York for US$27.3 million, money allegedly stolen by the businessman.

The suit is premised on the claim that Rosmah could not have acquired legal title to the jewellery despite having received it as a gift in March 2014.

He said although the jewellery belonged to 1MDB, the company would not take action to recover the valuables because it was under the control of Najib.