Anifah may act to set aside court’s ruling

  • Nation
  • Sunday, 08 Dec 2019

KOTA KINABALU: Former foreign minister Datuk Seri Anifah Aman is seeking possible legal action to set aside a Federal Court ruling that upheld the Election Court’s decision to nullify the Kimanis election results.

He ordered his lawyers to file the necessary court papers to review the “judicial territorial” issues on the decision by the five-member Federal Court bench, said Anifah’s special officer Datuk James Ligunjang.

He said the matter was being looked into by Anifah’s lawyers, adding that there were also plans to sue the Election Commission for “failing to carry out its duties in ensuring the proper conduct of the Kimanis election process”.

On Dec 2, the Federal Court upheld the Election Court which had ruled on Aug 16 that Anifah’s victory in the Kimanis parliamentary seat was null and void.

This meant that a by-election is required.

The Election Court ruling came about after Parti Warisan Sabah candidate Datuk Karim Bujang filed a petition on June 18 last year challenging the election result which Anifah won with a 156-vote majority.

After a series of legal rounds, a five-member bench led by Chief Justice Tan Sri Tengku Maimun Tuan Mat unanimously dismissed Anifah’s appeal to set aside the Election Court ruling.

The Federal Court found discrepancies in the conduct of the election process and widespread non-compliance of election laws, which had affected the outcome of the polls.

The other judges on the bench were Chief Judge of Malaya Tan Sri Azahar Mohamed, Chief Judge of Sabah and Sarawak Tan Sri David Wong Dak Wah and Federal Court judges Datuk Rohana Yusuf and Datuk Nallini Pathmanathan.

Justice Tengku Maimun dismissed Anifah’s application to recuse three of the judges from hearing his appeal.

Following the Federal Court’s decision, Anifah said he was shocked that three members of the panel, who had previously allowed Karim’s appeal, were also adjudicating his application against the Election Court’s decision to nullify the Kimanis result.

He said his counsel had applied for the three judges – Justices Tengku Maimun, Wong and Nallini – from presiding the case on grounds that they had been on the panel which had heard an earlier appeal on the matter.

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Anifah Aman , Election Court , Kimanis


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