Nizar’s case referred to Federal Court

Nizar and Ngeh Koo Ham, a former PKR Perak Exco member, waiting outside the Kuala Lumpur High Court today. - Picture by Choo Choy May

By Debra Chong and Edward Cheah- The Malaysian Insider

KUALA LUMPUR, March 6 — Datuk Seri Mohammad Nizar Jamaluddin's legal challenge that he is the lawful menteri besar of Perak has been postponed.

The High Court today ruled that the Federal Court must first settle a constitutional question at the heart of Nizar’s judicial review before a judgment can be made on whether Nizar is the lawful MB or not.

High Court judge Justice Lau Bee Lan, of the Appellate and Special Powers Division, made the decision to refer the matter directly to the Federal Court based on advice from the Attorney-General’s Chambers.

She noted that the matter has been referred to the Federal Court as it involves a constitutional interpretation of the Perak State Constitution.

Lau ordered a one-hour break in today’s proceedings to enable the parties involved in the case to help the High Court formulate the question that will be referred to the Federal Court.

Senior Federal Counsel from the A-G’s Chambers Datuk Kamaluddin Md Said told reporters one of the questions concerned the powers of the Perak Sultan.

“For example, whether the Sultan’s powers can be questioned,” he said, referring to Sultan Azlan Shah’s decision to appoint Datuk Zambry Abdul Kadir as the menteri besar to replace Nizar.

“If it can be questioned, can his power be challenged?” Kamaluddin added.

Nizar, who was present for the court hearing today, appeared collected — even cheerful — after the judge made the ruling.

He stressed to reporters that the judge had not made a judgment yet on his judicial review.

“The law is supreme. We expect positive decisions. We will now have to formulate a strategy and questions,” he added before leaving with his team of lawyers to form the questions to be referred to the apex court.

Perak State Legal Advisor Datuk Ahmad Kamal Md Shahid, who is currently at the centre of controversy for being compelled to represent State Assembly Speaker V. Sivakumar in a legal dispute in the Ipoh High Court, was not present today.

Ahmad Kamal had previously appeared as counsel for Zambry. He was replaced by his deputy Zulqarnain Hassan.