Najib: Harapan youths have no locus standi in suit on 1MDB-IPIC deal

Prime Minister Najib Abdul Razak today raised issues of locus standi (legal standing) and jurisdiction on the suit filed by youth leaders from Pakatan Harapan in relation to 1MDB’s settlement payment of US$1.2 billion to International Petroleum Investment Company (IPIC).

Najib's lawyer Mohd Hafarizam Harun told the High Court in Kuala Lumpur that the plaintiffs said to be bringing the class action, have not shown they have suffered damages following the arbitration.

“They are not parties in the arbitration and hence they are not affected,” he added.

On the issue of jurisdiction, Hafarizam said Najib asked whether the High Court here can hear a matter concerning an international arbitration that took place in London.

“The Malaysian courts do not have the jurisdiction to hear this suit,” he argued.

The Umno-linked lawyer also claimed that the 10 plaintiffs were wrong to cite Najib as a defendant in the suit as he was not involved in the deal concerning IPIC and Aabar Investments PJS Ltd.

Najib is seeking to strike out the suit filed in July last year by the youth movement going by the name Gerakan Anak Muda Tolak Najib (GANT1). The other defendants, the government and 1MDB, are also applying to strike out the suit.

The submissions were held in the chambers of Justice Hue Siew Kheng for more than an hour.

Lawyer Haniff Khatri Abdulla appeared for GANT1, Tan Hock Chuan for 1MDB, while senior federal counsel Alice Loke represented the government.

Concerned citizens

In his reply, Haniff (photo) said the plaintiffs of this action are citizens who are concerned that no one has been brought to justice on the payment made.

“We hope it would be the attorney-general, but he has been replaced. Hence, that is why this suit must proceed to a trial for the court to hear and for the people to get justice.

“Despite being individual citizens, it does not mean they do not have the right to initiate this (action) as they do represent a group of people. At the time of filing, the 10 plaintiffs represented 146 individuals who signed a petition (to question the payment) made in the arbitration,” he said.

Haniff added that the second finance minister was quoted as saying that they are going to fight IPIC on the matter, but in the end, it was reported that 1MDB had consented to the payment.

“Why was there a consent (when the minister earlier said they will fight)? What about the total payment of US$3.5 billion... was it paid to the right party or not?” he told reporters outside the court.

The 10 GANT1 members who filed the suit included Amanah deputy chief Faiz Fadzil, Bersatu Youth representative Mahathir Mohd Rais and DAP Youth representative Howard Lee.

They are seeking a court order invalidating the settlement agreement between IPIC and 1MDB made in the London Court of International Arbitration last May.

GANT1 also wants to compel Najib, the government and 1MDB to provide detailed accounts of all monies paid to IPIC and Aabar Investment PJS Ltd, which is registered in the British Virgin Islands.- Mkini

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