Ex-KL CID chief sues Najib over questionable oath

Former Kuala Lumpur Criminal Investigation Department chief Mat Zain Ibrahim has filed suit against caretaker prime minister Najib Abdul Razak for allegedly altering the wording of his oath of office before the Yang di-Pertuan Agong in 2009.

Mat Zain is seeking a declaration that Najib's subsequent actions as prime minister and finance minister should be declared null and void.

The suit, which was filed at the Kuala Lumpur High Court on March 23, states that the oath as stipulated in the Federal Constitution was wrongly taken by Najib on April 3, 2009.

According to Mat Zain, the oath was then cited correctly by Najib in 2013, after BN’s victory in the 13th general election – meaning that the wording still existed in the original order as stated in the constitution.

Mat Zain, who was the investigating officer in Anwar Ibrahim's ‘black eye’ incident, had produced the transcript of Najib's oath taking ceremony.

The 2009 oath, according to Mat Zain, reads:

Saya Muhammad Najib bin Tun Haji Abdul Razak setelah dilantik memegang jawatan Perdana Menteri sesungguhnya bersumpah bahawa saya akan menunaikan kewajipan-kewajipan jawatan itu dengan jujur dengan segala daya upaya saya, bahawa saya akan menumpahkan kepercayaan dan taat setia yang sebenar kepada Malaysia, dan akan memelihara dan akan melindungi dan mempertahankan perlembagaan.

The oath as contained in the sixth schedule of the Federal Constitution reads:

Saya Muhammad Najib bin Tun Haji Abdul Razak setelah dilantik memegang jawatan Perdana Menteri sesungguhnya bersumpah bahawa saya dengan jujur akan menunaikan kewajipan-kewajipan jawatan itu dengan segala daya upaya saya, bahawa saya akan menumpahkan taat setia yang sebenar kepada Malaysia, dan akan memelihara dan akan melindungi dan mempertahankan perlembagaan.

As Mat Zain pointed out, the words “dengan jujur” (with honesty) are only said after the words “menunaikan kewajipan-kewajipan jawatan itu” (carry out the obligations of the post) and not before. He also claims that Najib added the words “kepercayaan dan” (trust and) before “taat setia” (loyalty).

Barack Obama retook his oath

He cited the example of former United States president Barack Obama, who had to retake his oath of office when it was discovered that he had done it wrongly in the first instance.

Mat Zain had previously pointed out this discrepancy in an open letter to then solicitor-general Idrus Harun, who is now a Court of Appeal judge.

He had also lodged police reports on the matter, with copies sent to the Prime Minister's Department and the chief secretary to the government.

The former senior police officer cited the case of R Yuneswaran vs public prosecutor, where the Court of Appeal ruled that "the constitution may be amended to include or remove or modify any word or words originally used or excluded by the framers. But surely that is the task of the Parliament."

As there is no evidence that Najib retook his oath of office, or that the Agong granted an audience to hear him retake the oath, the oath taking process in 2009 must be considered illegal, he added.

Furthermore, it also contrasts with Najib amending the date he met Mohd Saiful Bukhari Azlan in his statutory declaration for Anwar Ibrahim's second sodomy trial, by filing a separate declaration two days after.

Given the above, Mat Zain said, Najib should lose his right to act as prime minister and advise the Yang di-Pertuan Agong.

This would mean, he added, that all of Najib’s subsequent actions – including, but not limited to, calling for the royal commission inquiry into foreign exchange losses, the tabling of the redelineation report, and announcing the dissolution of Parliament – should be declared null and void.

On the first point, the forex RCI was chaired by former chief secretary to the government Mohd Sidek Hassan – who Mat Zain claims knew of the wrongful oath taking.

He also noted that Idrus sat on the Court of Appeal bench that threw out the Selangor government’s bid to challenge the tabling of the Election Commission’s redelineation report.

Declarations sought

Mat Zain is seeking several declarations from the court, namely:

• A declaration that the oath taking event on April 3, 2009, before the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin is unconstitutional and hence null and void.
• A declaration that the defendant is disqualified or does not have the power to function as prime minister and finance minister since April 3, 2009
• A declaration that all decisions made the defendant in his capacity as prime minister and finance minister are null and void.
• A declaration that the defendant cannot exercise his power under the Thirteenth Schedule of the Federal Constitution with regards to the redelineation report by EC.
• A declaration that the gazetted redelineation be declared null and void, as the defendant had no power under Section 4 of the Thirteenth Schedule of the Federal Constitution.
• A declaration that the defendant had no power as the prime minister to ask permission from the Yang di-Pertuan Agong Sultan Muhammad V to dissolve Parliament.

Today was the first case management for the suit. According to Mat Zain's lawyer Adenan Ismail, deputy registrar Nurasaidah A Rahman fixed April 25 for case management before Justice Mohd Zaki Abdul Wahab.

Nurasidah also asked Najib to file his defence.  - Mkini