Najib critic fails in bid to challenge expulsion from Umno

The Court of Appeal today dismissed former Langkawi Umno member Anina Saadudin’s appeal to challenge the termination of her membership in the party.

Anina was critical of Prime Minister Najib Abdul Razak, who is also Umno president, and the RM2.6 billion political donation issue.

The unanimous decision was delivered by Justice David Wong, who led a three-member bench consisting of fellow Court of Appeal judges Badariah Sahamid and Harminder Singh.

Citing the case of MyPPP president M Kayveas, Wong said not only were the judges bound, but they also agreed with the interpretation of Section 18C of the Societies Act.

This section states that whatever decision that is made by a particular political party, whether right or wrong, is not subject to review by the court and whatever disputes that arise must be resolved outside court.

“The decision of a political party shall be final and conclusive and such a decision shouldn't be challenged,” Justice Wong said, referring to the case involving Kayveas.

He also fixed RM10,000 as costs, to be paid by the appellant.

However, the Court of Appeal also said Anina could file a fresh challenge to the constitutionality of Section 18C of the Societies Act.

'Not all bad news'

Commenting on the court’s judgment, Anina’s lawyer Mohd Haniff Khatri Abdulla is of the opinion that it was not all bad news.

Although the appeal was dismissed, Haniff pointed out there were no legal impediments for his client to mount a fresh action on the constitutionality of Section 18C of the Societies Act.

“We appreciate the fact that this court has told the appellant that she can start again by mounting a challenge to Section 18C (of the Societies Act), first. (So) it’s not completely bad news,” he said.

However, they have not decided yet as to whether to files a fresh legal action first or going straight to the Federal Court to appeal the Court of Appeal decision.

“We will discuss and we will advise our client. We will let you all know (on the decision),” Haniff told reporters outside the courtroom today.

Anina was expelled from Umno after she filed a suit against Najib to return the RM2.6 billion ‘donation’ to the party.

She then filed a legal suit against Umno secretary-general Tengku Adnan Mansor and executive secretary Ab Rauf Yusoh over her expulsion. The High Court struck out the suit, ruling that it had no jurisdiction to hear disputes in a political party.

Section 18C of the Societies Act was placed there after amendments to the Act in the wake of the 1988 Umno crisis, when the party was declared illegal following a challenge brought to court, and Umno Baru was formed. ---Mkini