Selection not based on seniority

The Star

2 days ago

New appointments: Also appointed are Abu Bakar as the Court of Appeal President and Azizah as Chief Judge of Sabah and Sarawak. — Photos from the Chief Registrar of the Federal Court of Malaysia's official portal
Legal fraternity lauds the King's consent of new CJ, commend his character
PETALING JAYA: Seniority is not a factor in the selection of Chief Justice, say constitutional experts.
Emeritus Prof Datuk Dr Shad Saleem Faruqi said the Federal Constitution is 'silent' on the requirements.
He said Article 123 of the Federal Constitution only stated that to serve as a judge of the superior courts, the candidate must be a Malaysian citizen and preceding the appointment, the person should have 10 years of experience as a lawyer or a judge of the lower courts.
'Seniority is not relevant,' he said when contacted.
The superior courts refer to the High Court, the Court of Appeal and the Federal Court.
Yesterday, the Office of the Federal Court Chief Registrar said in a statement that His Majesty Sultan Ibrahim, King of Malaysia, consented to the appointments of three judges.
They are Datuk Wan Ahmad Farid Wan Salleh, who is currently a Court of Appeal judge, as the new Chief Justice,
Federal Court judge Datuk Abu Bakar Jais has been appointed as the Court of Appeal President and Datuk Azizah Nawawi as the Chief Judge of the High Court in Sabah and Sarawak.
The official swearing-in ceremony is scheduled for July 28, 2025, at Istana Negara.
Shad Saleem said the candidate may come from any of the superior courts but has to be elevated to the Federal Court.
Even if the candidate is the most junior judge of the Federal Court, he or she can still be elevated as the Chief Justice, he said.
'While in practice, the most senior Federal Court judge is usually the one made the Chief Justice, it was not a strong tradition.
'This is due to the fact that there were judges who leap-frogged in the system.'
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He cited Tun Tengku Maimun Tuan Mat as an example, adding she was not the most senior at the time of her appointment as the Chief Justice then.
Associate Professor Datuk Dr Wan Ahmad Fauzi Wan Husain also said there is no constitutional restriction for an appellate court judge to be elevated to Chief Justice.
'As long as the candidate is capable of fitting the stature of the Chief Justice, with high integrity in defending the Constitution, upholding the rule of law and supremacy of the Constitution, I don't see that there will be a problem,' he said.
Assoc Prof Datuk Dr Shamrahayu Abdul Aziz agreed that the Constitution did not mention any specific criteria on the appointment of the Chief Justice.
'That said, a Chief Justice with seniority, although not a requirement, would be good as that would invite better respect from the judges,' said Shamrahayu.
Former Chief Justice Tun Arifin Zakaria, whom Wan Ahmad Farid served as a Judicial Commissioner during his (Arifin's) tenure as Chief Judge of Malaya, welcomed the news with confidence and optimism.
'I am happy for him and wish him the very best in this challenging office,' said Arifin.
'Bearing in mind his wide experience in both the executive branch and the judiciary, I have no doubt he will be able to bring the judiciary to greater heights.'
Arifin described the new Chief Justice as someone who has 'displayed exemplary character on and off the Bench' and noted his affable nature as a strength in navigating one of the judiciary's most delicate roles.
'Given his amiable character, I am certain he is able to steer the delicate balance of powers between the judiciary and the executive. Way forward, this will be good for the country,' he added.
Another former Chief Justice, Tun Md Raus Sharif also congratulated the three new appointees.
"Congratulations to the new CJ. I am confident with his background and experience that he will be able to shoulder the office of Chief Justice. "Also my congratulations to Datuk Abu Bakar Jais and Datuk Azizah Nawawi for being appointed as PCA and CJSS respectively," said Md Raus.
Attorney General Tan Sri Mohd Dusuki Mokhtar also congratulated the new top judge.
"May Your Lordship continue to be blessed with strength, wisdom and commitment in leading the country's judicial institutions," he said.
Meanwhile, former Attorney General Tan Sri Mohamed Apandi Ali in congratulating all three newly announced top judges described the selection as a pleasant surprise.
"The appointments of the new Chief Justice, President of Court of Appeal and Chief Judge of Sabah and Sarawak is a pleasant surprise but acceptable.
"These judges are all my former colleagues in the judiciary. Collectively they are a formidable team, noted for their legal knowledge, working competence and of unquestioned integrity. I verily believe that this new set of leadership will uphold the independence of the judiciary," said Mohamed Apandi who had also served as a Federal Court judge prior to becoming AG.
Senior lawyer and former Bar Council member, Datuk Roger Tan said he had dealt with Wan Ahmad Farid when the latter was the Deputy Home Minister.
'He was friendly and affable. As a judge, I have not heard anything among the legal fraternity that he is otherwise than a good and fair judge.
'I think we should not hold his past against him.
'I am confident he would always live and abide by the oath he took when appointed as a judge that it is the sacred duty of a judge to preserve, protect and defend the Federal Constitution without fear or favour,' said Tan.
The Malaysian Bar has also commended the appointments.
In a statement, Bar president Mohamad Ezri b Abdul Wahab recalled a 2022 case where Justice Wan Ahmad Farid, who was then a High Court judge, had recused himself from hearing a high-profile matter concerning the admission of Queen's Counsel Jonathan Laidlaw in a case involving former prime minister Datuk Seri Najib Razak.
In his brief decision, Justice Wan Ahmad Farid had said he decided to recuse himself as one of his immediate family members was a very active politician and a divisional leader in the same political party as Najib.
Mohamad Ezri said Justice Wan Ahmad Farid made several significant statements on the importance of public confidence in the judiciary in his decision to recuse himself.
Justice Wan Ahmad Farid, who was once an Umno politician, had remarked that 'the public perception of the independence of the judiciary should not be put in doubt' and reminded all that 'an independent judiciary is a precious gift to any society'.
He also noted many critical vacancies – current and anticipated – remain unfilled across the Federal Court, the Court of Appeal, and the High Court.