Appeals court judge recuses self from hearing Najib's bid to reinstate suit against ex-AG

Court of Appeal Judge Azizah Nawawi has decided to step down from hearing former prime minister Datuk Seri Najib Razak’s appeal to reinstate his lawsuit against former attorney general Tan Sri Tommy Thomas.

In a statement made on Wednesday (Oct 4), Justice Azizah revealed that her husband, Datuk Nik Suhaimi Nik Sulaiman, had been the head of the Appellate and Trial Division during Thomas’ tenure as AG from June 2018 to February 2020.

“Due to the fact that my husband was directly under then AG Thomas, I believe it is best for me to recuse myself from this case as it is a matter of public interest. We should uphold a higher threshold for such cases,” said Justice Azizah, who chaired a three-member panel.

The other two judges on the panel were See Mee Chun and Lim Chong Fong.

After listening to arguments from the lawyers representing Najib and Thomas, Justice Azizah made the decision to recuse herself.

“I have consulted with my client (Najib). We appreciate Your Ladyship’s disclosure. Based on this, I kindly request Your Ladyship to recuse yourself,” said lawyer Datuk Firoz Hussein Ahmad Jamaluddin.

Thomas’ lawyer Alan Gomez argued that there was no valid reason for Justice Azizah to step down as there was no real danger of bias.

Gomez added, “There must be concrete evidence of bias. Where is the actual bias? Just because her husband held a certain position doesn’t automatically indicate bias.”

The case management for the appeal will be scheduled next week, followed by the hearing.

The Court of Appeal was initially set to hear Najib’s application on Wednesday (Oct 4) to overturn the High Court’s decision to allow Thomas’ application to dismiss Najib’s lawsuit against him in November last year.

In the lawsuit filed on Oct 22, 2021, Najib claimed that the charges against him were premeditated by Thomas and aligned with the intentions of the previous Pakatan Harapan government.

He is seeking a declaration that Thomas committed misfeasance in public office and is demanding RM1.9 million in damages, including negotiation fees for the audit team that reviewed the documentation in preparation for his prosecution.

Najib’s supporters, as well as his wife Datin Seri Rosmah Mansor, were also present in court on Wednesday.