Kuala lumpur: Court of Appeal President Datuk Abu Bakar Jais has recused himself from hearing Bersatu's appeal against Dewan Rakyat Speaker Tan Sri Johari Abdul's decision not to declare four Sabah parliamentary seats as vacant. These seats were won by former members of Bersatu in the last General Election.
According to BERNAMA News Agency, Justice Abu Bakar, who chaired a three-judge Federal Court panel, stepped down from the case due to his 30-year acquaintance with Bersatu's counsel, Tan Sri Azhar Azizan Harun. Despite stating that this relationship did not pose a public interest conflict, he chose to withdraw to maintain impartiality. The other judges on the panel were Chief Judge of Sabah and Sarawak, Datuk Azizah Nawawi, and Federal Court Judge Tan Sri Nallini Pathmanathan. A case management meeting is scheduled for tomorrow to set a new hearing date.
Present at the proceedings were senior federal counsel Ahmad Hanir Hambaly Arwi and federal counsel Imtiyaz Wizni Aufa Othman, representing Johari as the first respondent. Justice Abu Bakar invited counsel to provide their perspectives on his decision. Counsel Datuk Firoz Hussein Ahmad Jamaluddin, representing all four respondents, indicated his clients' reservations had Justice Abu Bakar continued to hear the appeal.
Azhar Azizan, speaking to reporters, elaborated on his long-standing relationship with Justice Abu Bakar, which dates back to 1982 when they were students together. On April 17, 2023, Bersatu's vice presidents, Datuk Seri Dr Ronald Kiandee and Datuk Capt (R) Muhammad Suhaimi Yahya, filed a judicial review application against Johari and the four MPs concerned: Datuk Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Datuk Jonathan Yasin (Ranau), and Datuk Matbali Musah (Sipitang).
Bersatu requested the court to overturn Johari's decision, communicated via a letter dated Jan 16, 2023, which stated that the four MPs had explained their positions and confirmed the absence of vacancy based on the GRS and Bersatu constitutions. The party also sought a declaration that the MPs had ceased to hold their parliamentary positions under Article 49A of the Federal Constitution and sought an order directing Johari to confirm an unforeseen vacancy for the seats.
On Nov 16, 2023, the High Court denied Bersatu's application for leave to commence judicial review, a decision that was upheld by the Court of Appeal on Aug 4, 2023.