PUTRAJAYA: The Federal Court has remitted Tan Sri Muhyiddin Yassin's sedition case to the High Court for a full hearing.
A five-judge panel chaired by Court of Appeal president Justice Abu Bakar Jais ruled that the Federal Court would not decide on the legal questions posed by the former prime minister at this stage.
He said Muhyiddin was not barred from raising the four legal questions relating to the Sedition Act 1948 during the course of the trial.
The panel reached the decision on Monday (Feb 9) after Muhyiddin's lawyer, Datuk Amer Hamzah Arshad, informed the court that, upon receiving instructions from his client, the defence believed there were live issues that could be raised during the trial.
Amer said the defence agreed for the case to be remitted to the High Court for a full hearing.
Earlier, Justice Abu Bakar said that if the Federal Court were to decide on the legal questions and the outcome was not favourable to the applicant, it would not benefit him and the High Court would be bound by that decision.
He said there would be no further avenue of appeal if any party was dissatisfied with the Federal Court's decision.
“The question is, what is better for the accused? At this stage, is the High Court required to follow what has been decided by the Federal Court?
“Or is it better for the accused to allow the High Court, without being bound by the Federal Court, to determine these questions?” he said.
Muhyiddin's trial has yet to begin, and no witnesses have been called.
The other judges on the panel were Chief Judge of Malaya Justice Hashim Hamzah and Federal Court judges Justices Rhodzariah Bujang, Lee Swee Seng and Mohd Nazlan Mohd Ghazali.
On April 4, 2025, Muhyiddin, 77, filed an application to refer a question of law regarding the Sedition Act 1948 to the Federal Court to challenge the validity of certain provisions.
On Aug 27, 2024, Muhyiddin pleaded not guilty to a charge of making seditious remarks while campaigning during the Nenggiri state by-election at Dewan Semai Bakti Felda Perasu, between 10.30pm and 11.50pm on Aug 14, 2024.
The alleged seditious remarks concerned his claim that he was not invited by the Yang di-Pertuan Agong to be sworn in as prime minister following the 15th General Election, despite allegedly having the support of 115 out of 222 MPs at the time.
He is charged under Section 4(1)(b) of the Sedition Act 1948, punishable under subsection 4(1) of the same Act with a maximum fine of RM5,000 or a maximum imprisonment of three years, or both, if convicted.
