Najib, 1MDB and govt succeed in bid to strike out GANT1 suit
(Bernama) – PRIME Minister Najib Razak and two others have succeeded in their application to strike out a suit filed by 10 Gerakan Anak Muda Tolak Najib (GANT1) members over payments made by 1Malaysia Development Bhd to International Petroleum Investment Co (IPIC).
This follows a decision by the Court of Appeal to allow the appeal by Najib, 1MDB and the government against a high court decision to dismiss their application to strike out the suit.
A Court of Appeal three-man bench, comprising Ahmadi Asnawi, Idrus Harun and Kamardin Hashim, unanimously allowed the appeal and set aside the high court decision, which was made on January 9.
Ahmadi, who led the bench, said the GANT1 members have no locus standi to bring the action to court on behalf of Malaysians.
“The respondents are not parties in the consent award in the London Court of International Arbitration between 1MDB and IPIC.”
He said the government cannot be brought to court under Section 4 of the Government Proceeding Act 1956.
On July 11 last year, GANT1 members, led by Amanah Youth deputy chief Muhammad Faiz Fadzil, filed the suit over a consent award at the London court entered by 1MDB and IPIC, concerning 1MDB’s alleged US$3.5 billion (RM13.6 billion) bond assistance from IPIC and its subsidiary, Aabar Investment PJS (Aabar Asli), for the purchase of an energy plant.
In their statement of claim, the GANT1 members claimed that IPIC and Aabar Asli, on June 14, 2016, brought the case to the London court against 1MDB and the government, relating to a US$6.5 billion claim over 1MDB’s failure to honour the contract.
The GANT1 members are seeking, among others, a declaration that the settlement agreement and consent award signed in London are null and void.
Counsel Hafarizam Harun represented Najib, senior federal counsel Alice Loke Yee Ching acted on behalf of the government and lawyer Tan Hock Chuan represented 1MDB.
The GANT1 members were represented by lawyer Mohamed Haniff Khatri Abdulla.
Hafarizam said today’s decision is “in line with the court’s principles”.
He said there had been three similar cases previously, and all were thrown out.
