KUALA LUMPUR, 8 April 2009: The High Court will hear on 23 April an application by Attorney-General (AG) Tan Sri Abdul Gani Patail to intervene in Datuk Seri Mohammad Nizar Jamaluddin’s suit challenging the legitimacy of Datuk Dr Zambry Abdul Kadir’s appointment as Perak menteri besar.
Justice Datuk Abdul Aziz Abd Rahim fixed the date after allowing the parties in the suit to exchange their respective affidavits pursuant to AG’s application and the main suit.
The application to become intervenor in the suit was filed yesterday.
Abdul Aziz also fixed two days beginning 5 May to hear the suit.
“Let’s make sure that we can go on (the hearing of the suit) on 5 May,” said Abdul Aziz.
Abdul Gani is seeking to intervene on grounds of public interest and interpretation of the Federal Constitution.
On 3 April, Abdul Aziz granted Nizar leave to initiate proceedings for a judicial review after ruling that there was a prima facie case to be argued in court.
Abdul Aziz is the third judge to hear Nizar’s application after the Federal Court sent it back to the High Court.
The first judge was judicial Commissioner Mohamad Ariff Md Yusof who recused himself while the second judge, Lau Bee Lan had referred the matter to the Federal Court for determination of constitutional issues.
Zambry was appointed to replace Mohammad Nizar as the Menteri Besar of Perak on 6 Feb after the latter’s government lost its majority in the state assembly.
Nizar subsequently brought the matter to court on 13 Feb to seek an order to declare him the lawful menteri besar of Perak and also an injunction to prevent Zambry from carrying out the menteri besar’s duties.
He contended that he was the lawful menteri besar under the Perak constitution because he had advised the sultan to dissolve the state assembly, not resigned from the post and neither was a no-confidence motion passed against him in the assembly.
A team of six lawyers led by Sulaiman Abdullah represented Nizar, while Zambry was represented by Datuk Cecil Abraham and Sunil Abraham. Datuk Kamaluddin Md Said appeared for the AG’s chambers and M Reza Hassan held a watching brief for Umno. — Bernama