The Attorney-General's Chambers shared images on its official Facebook account on June 30, confirming the attendance of former MACC chief commissioner Azam Baki at the recent National Financial Crime Prevention Centre (NFCC) Advisory Board meeting.
Amid a great hoo-ha, the NFCC clarified that Azam attended its June 30 advisory board meeting as a legitimate member because he was appointed as an NFCC Advisory Board member by the Yang di-Pertuan Agong on Sept 20, 2024, for a period of three years.
Being a legitimate member of the board, there is no doubt that Azam's attendance at the NFCC Advisory Board meeting on June 30 was definitely legitimate and in accordance with the NFCC Act.
Unfortunately, this does not represent the full extent of the issue. I am afraid the critics' concerns appear justified regarding the rationale for appointing Azam as an NFCC adviser while he faces multiple investigations.
Given the ongoing investigations into Azam, questions surrounding the justification for his appointment as an NFCC adviser seem valid.
Meanwhile, Azam stated that he was appointed as an NFCC adviser due to his 37 years of experience serving in an enforcement agency, not because he had held the MACC chief commissioner job.
Overshadowed, compromised
Azam seems to forget that an individual's 37-year tenure in law enforcement can be heavily overshadowed and compromised by a record of persistent controversy. Ergo, decades of enforcement experience lose their value when marred by constant public controversy.
Although Azam has served in law enforcement for many years, the professional weight of this tenure is substantially diminished by recurrent controversies.
Anyway, let us look at the relevant law - the NFCC Act 2019. Under the Act, the appointments to the NFCC Advisory Board are made by the king but upon the prime minister’s advice.
And under the Federal Constitution, where the law provides that the Yang di-Pertuan Agong is to act in accordance with the cabinet’s or a minister’s advice, the king must accept and act in accordance with that advice.
Be that as it may, it is unjust and grossly unfair to pass the buck to the king, given that the constitutional monarch granted assent for Azam’s appointment strictly upon the prime minister’s recommendation.
It was not clear whether the prime minister considered various criteria when advising the king on the appointment of Azam as an NFCC Advisory Board member.
After all, under the NFCC Act, the prime minister must consider various criteria when advising our king on the appointment of an NFCC Advisory Board member, and such criteria include the candidate’s probity, standing, and the likelihood of any conflict between the interests of the NFCC and any interest the person has or represents.
It is common knowledge that Azam and the MACC had been embroiled in controversy - such as the “corporate mafia” saga - during his tenure as the MACC chief commissioner, which, unfortunately, Prime Minister Anwar Ibrahim had extended three times before it expired in May.
In conclusion, if the prime minister is truly genuine to his reform agenda, he should advise the Yang di-Pertuan Agong to swiftly terminate Azam’s tenure on the NFCC Advisory Board, thereby preserving the dignity of the Malay rulers and His Majesty's integrity. - Mkini
MOHAMED HANIPA MAIDIN is a former deputy minister of law.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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