The High Court in Kuala Lumpur today struck out a suit filed by former Kuala Lumpur Criminal Investigation Department chief Mat Zain Ibrahim against ex-premier Najib Abdul Razak for allegedly altering the wording of his oath of office before the Yang di-Pertuan Agong in 2009.
Justice Mohd Zaki Abdul Wahab said the suit was frivolous and an abuse of the court process.
According to lawyers on both sides, the judge also said that the event had occurred in 2009 and Najib was no longer the premier.
Mat Zain was represented by Adnan Ismail, while the former prime minister was represented by Nur Syafiqa Balqis Jaffri.
The decision was made in chambers.
Justice Zaki also ordered Mat Zain to pay RM5,000 in costs to Najib.
Mat Zain had filed the suit in March this year, claiming Najib had wrongly taken his oath as prime minister by changing the words in the oath as stipulated in the Federal Constitution.
The former senior police officer told Malaysiakini he has instructed his lawyer Adnan to file an appeal notice to the Court of Appeal.
Mat Zain is seeking a declaration that Najib's subsequent actions as prime minister and finance minister following taking the oath should be declared null and void.
He said that the oath as stipulated in the Federal Constitution was wrongly taken by Najib on April 3, 2009 before the Agong.
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.
Mat Zain pointed out the words “dengan jujur” (with honesty) were 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)
The former senior police officer said it is important to take the oath properly. He cited how former United States president Barack Obama had to retake his oath of office when it was discovered that he had done it wrongly the first time.
Mat Zain had previously pointed out this discrepancy in an open letter to then solicitor-general Idrus Harun in 2013 before the 13th general election. Idrus 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. - Mkini
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