In an unprecedented move, three Court of Appeal judges rose to take up administrative posts in the judiciary.
In an unprecedented move, three Court of Appeal judges were appointed to top judicial offices — Justice Wan Ahmad Farid Wan Salleh was made chief justice, with Justices Hashim Hamzah and Azizah Nawawi appointed chief judge of Malaya and of Sabah and Sarawak, respectively.
Their appointments as judicial administrators were made immediately upon their elevation to the Federal Court, marking a departure from the convention of appointing existing apex court judges to the positions.
Justice Abu Bakar Jais, appointed a Federal Court judge two years ago, was made Court of Appeal president, the second-highest position in the judicial hierarchy.
Wan Farid, 63, succeeded Tengku Maimun Tuan Mat, the first woman to hold the post, who served as the top judge for six years.
Abu Bakar, also 63, took over from Abang Iskandar Abang Hashim, the first East Malaysian to serve as Court of Appeal president.
Hashim, 64, replaced Hasnah Hashim, while Azizah, 63, the first female chief judge of Sabah and Sarawak, succeeded Abdul Rahman Sebli.
In the process, three senior Federal Court judges — Justices Rhodzariah Bujang, Nordin Hassan, and Vazeer Alam Mydin Meera — believed to have been proposed for the positions by the Judicial Appointments Commission (JAC), were bypassed.
Article 122B(1) of the Federal Constitution states that all appointments as judges and to the top administrative positions in the judiciary are made by the Yang di-Pertuan Agong, acting on the advice of the prime minister, after consulting the Conference of Rulers.
Under the JAC Act, the commission may recommend candidates for appointment to the prime minister, who can request additional names for consideration.
No official explanation was offered as to why the JAC’s picks and the convention of appointing Federal Court judges to the top posts were disregarded.
All four top judges are expected to remain in office for between 30 months and 42 months, assuming they each secure a six-month extension to their tenure upon reaching the mandatory retirement age of 66, as provided for by the constitution.
Wan Farid will turn 66 in May 2029, Abu Bakar in December 2028, Hashim in June 2028 and Azizah in July 2028.
Five judges appointed to apex court
The year also saw five Court of Appeal judges — Justices Lee Swee Seng, Che Ruzima Ghazali, Nazlan Ghazali, Collin Lawrence Sequerah and Azimah Omar — appointed in rapid succession to the Federal Court following the retirement of five apex court judges beginning April.
Justice Nallini Pathmanathan, the most senior of the current 10 Federal Court judges, will retire in February.
Two more appointments can be expected in the first quarter of 2026—one to replace Nallini and another to fill the vacant 11th seat on the apex court bench.
Lawyer A Srimurugan said Wan Farid, whose appointment was made in the wake of several controversies within and outside the JAC, should be given the chance to demonstrate his leadership qualities and bolster public confidence in the judiciary.
Srimurugan said the legal fraternity and public would be keeping a keen eye as the chief justice unveils his plans to further improve the administration of justice at the opening of the legal year on Jan 12. - FMT
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