Former Prime Minister Datuk Seri Najib Razak has escalated his legal battle to the Federal Court, marking a final attempt to reinstate his RM1.9 million civil lawsuit against former Attorney-General (AG) Tommy Thomas. The motion, filed last month, seeks leave to appeal a previous Court of Appeal decision that upheld the High Court’s striking out of the suit.
Najib’s legal representative, Yudistra Darma Dorai, confirmed that three specific legal questions have been framed to secure the necessary leave from the apex court. The lawyer clarified that the civil action is not intended as a collateral attack on the criminal charges currently faced by the former premier. Instead, the suit focuses on allegations regarding the conduct, actions, and omissions of the former AG before, during, and after his tenure in office.
The legal challenge follows a January 13 ruling by a three-member Court of Appeal panel, which dismissed Najib’s initial appeal. The bench, led by Justice P. Ravinthran, concurred with a November 2022 High Court decision that the lawsuit was premature. The judges noted that because the relevant criminal proceedings had not yet concluded when the civil suit was initiated, claims of malicious prosecution and misfeasance could not be properly substantiated at that stage.
Najib originally sued Thomas in 2020, alleging negligence, malicious process, and misfeasance in public office concerning the 1MDB and International Petroleum Investment Company (IPIC) cases. The former Prime Minister is seeking RM1.9 million in special damages to recover costs associated with hiring an audit team for his criminal defence. Interestingly, while the Court of Appeal dismissed the suit, it disagreed with the High Court’s view that Thomas enjoyed absolute immunity, ruling that Article 145(3) of the Federal Constitution does not shield an AG from personal civil liability.
The Federal Court is scheduled to hear the leave application on July 30. This hearing will determine whether the apex court will proceed to hear the full merits of the appeal, which could set a significant precedent regarding the accountability of the Attorney-General’s office in Malaysia. The outcome is highly anticipated as it balances the discretionary powers of the prosecution against the rights of the accused to seek civil redress.
