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Selection not based on seniority
Selection not based on seniority

The Star

timea day ago

  • Politics
  • The Star

Selection not based on seniority

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.' CLICK TO ENLARGE 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.

Abu Bakar Jais appointed as new court of appeal president
Abu Bakar Jais appointed as new court of appeal president

The Star

time2 days ago

  • Politics
  • The Star

Abu Bakar Jais appointed as new court of appeal president

KUALA LUMPUR: Federal Court judge Datuk Abu Bakar Jais (pic) has been appointed as the new President of the Court of Appeal, replacing Tan Sri Abang Iskandar Abang Hashim who retired on July 3. Abu Bakar, 63, brings with him over three decades of experience in legal and judicial service. He began his judicial career as a Judicial Commissioner at the Kuala Lumpur High Court on July 8, 2013. He was then appointed as a High Court Judge on March 21, 2016, and served in both the Kuala Lumpur and Seremban High Courts until 2019. On Dec 5, 2019, he was elevated to the Court of Appeal, and later to the Federal Court on June 13, 2023. Born in Muar, Johor, Abu Bakar graduated with a Bachelor of Laws (Hons) from Universiti Malaya (1982-1986) and later obtained a Certificate in Government Legal Advisers Course from the University of London in 1996. His career spans various roles in the legal and judicial sectors, including stints as a law tutor at the International Islamic University Malaysia (1986-1987), Deputy Public Prosecutor at the Attorney General's Chambers and the Anti-Corruption Agency (1987-1990), Magistrate in Ipoh (1990), and Assistant Director at the Legal Aid Bureau (1991). Abu Bakar also served as Federal Counsel in the Civil Division of the Attorney General's Chambers (1992-1995) and as Senior Federal Counsel until 2000. In private practice, he was a litigation partner at Zaid Ibrahim & Co. (2001-2003) and later at Hisham, Sobri & Kadir (2004-2013). Abu Bakar was part of the Federal Court panel in 2023 that ruled on former Prime Minister Datuk Seri Najib Tun Razak's application for a review of his conviction and 12-year prison sentence over the misappropriation of RM42mil from SRC International Sdn Bhd. He also sat on the panel that decided the appeal involving SIS Forum (Malaysia). - Bernama

Meet Malaysia's new top three judges
Meet Malaysia's new top three judges

New Straits Times

time2 days ago

  • Politics
  • New Straits Times

Meet Malaysia's new top three judges

KUALA LUMPUR: The Chief Registrar's Office, in a statement issued at midnight, has confirmed the appointments of three top judicial figures, ending days of speculation over the leadership reshuffle within the country's judiciary. According to the statement, His Majesty Sultan Ibrahim, King of Malaysia, consented to the appointment of Datuk Wan Ahmad Farid Wan Salleh as the new Chief Justice of Malaysia, in accordance with Article 122B(1) of the Federal Constitution. Datuk Abu Bakar Jais has been named as President of the Court of Appeal, while Datuk Azizah Nawawi has been appointed Chief Judge of Sabah and Sarawak. Here are their profiles: A former Umno member, Wan Ahmad Farid, 62, began his public service career as a senator in December 2005 before being appointed Deputy Home Minister from March 2008 to April 2009. He also contested the Terengganu by-election in 2009 but was narrowly defeated. He formally exited politics in 2013. In November 2024, he was elevated to the Court of Appeal, one of eight judges appointed in a ceremony presided over by the then Yang di-Pertuan Agong at Istana Negara. During his time on the bench, Wan Ahmad Farid delivered several notable rulings, particularly in cases involving constitutional issues and civil liberties. In February last year, he ruled that the Yang di-Pertuan Agong's power to proclaim an emergency under Article 150 of the Federal Constitution was non-justiciable, citing the principle of separation of powers. He has also presided over cases involving challenges to the jurisdiction of the Syariah Court, as well as disputes concerning the allocation of public resources. Wan Ahmad Farid voluntarily recused himself from hearing Datuk Seri Najib Razak's application to allow a foreign Queen's Counsel to represent him in the SRC International appeal, citing potential perceived conflicts because of his political past and family ties to Umno. Abu Bakar, 60, from Muar, Johor, is widely regarded for his legal acumen and steady presence on the bench in several high-profile cases. His judicial career began with his appointment as a judicial commissioner on July 7, 2013, before being confirmed as a High Court judge on Mar 21, 2016. He was subsequently elevated to the Court of Appeal on Dec 5, 2019. He took his oath of office as a Federal Court judge on June 13, 2023, before then Chief Justice Tun Tengku Maimun Tuan Mat at the Palace of Justice. Among the major cases he has presided over was the review application in Najib's SRC International case. He was part of the five-member bench that heard the matter on August 23, 2022. He also led the three-member panel that heard the appeal involving the tragic fire incident at Tahfiz Darul Quran Ittifaqiyah. In May this year, Abu Bakar authored the majority judgment in a landmark ruling which held that Syariah Courts are not inferior to civil courts, stating that they are constitutionally recognised and their decisions are binding in law. Beyond the courtroom, he has contributed to the development of legal scholarship by co-authoring Malaysia's first book on statutory interpretation, launched in May 2023. Azizah, who is currently serving as a Court of Appeal judge, was elevated to the appellate bench on Aug 8, 2019, after previously serving as a High Court judge from Sept 12, 2014. In October 2023, she recused herself from hearing Najib's appeal to reinstate a lawsuit against former Attorney-General Tan Sri Tommy Thomas in the interest of judicial impartiality, as her husband, Datuk Nik Suhaimi Nik Sulaiman, had served in the Attorney-General's Chambers during Thomas's tenure. She was also part of a three-member panel in August 2023 that dismissed a woman's appeal to renounce Islam, reaffirming the constitutional jurisdiction of the Syariah Court under Article 121(1A) of the Federal Constitution.

Abu Bakar Jais appointed as new Court of Appeal President
Abu Bakar Jais appointed as new Court of Appeal President

The Sun

time2 days ago

  • Politics
  • The Sun

Abu Bakar Jais appointed as new Court of Appeal President

KUALA LUMPUR: Federal Court judge Datuk Abu Bakar Jais has been appointed as the new President of the Court of Appeal, replacing Tan Sri Abang Iskandar Abang Hashim who retired on July 3. Abu Bakar, 63, brings with him over three decades of experience in legal and judicial service. He began his judicial career as a Judicial Commissioner at the Kuala Lumpur High Court on July 8, 2013. He was then appointed as a High Court Judge on March 21, 2016, and served in both the Kuala Lumpur and Seremban High Courts until 2019. On Dec 5, 2019, he was elevated to the Court of Appeal, and later to the Federal Court on June 13, 2023. Born in Muar, Johor, Abu Bakar graduated with a Bachelor of Laws (Hons) from Universiti Malaya (1982–1986) and later obtained a Certificate in Government Legal Advisers Course from the University of London in 1996. His career spans various roles in the legal and judicial sectors, including stints as a law tutor at the International Islamic University Malaysia (1986-1987), Deputy Public Prosecutor at the Attorney General's Chambers and the Anti-Corruption Agency (1987-1990), Magistrate in Ipoh (1990), and Assistant Director at the Legal Aid Bureau (1991). Abu Bakar also served as Federal Counsel in the Civil Division of the Attorney General's Chambers (1992-1995) and as Senior Federal Counsel until 2000. In private practice, he was a litigation partner at Zaid Ibrahim & Co. (2001–2003) and later at Hisham, Sobri & Kadir (2004–2013). Abu Bakar was part of the Federal Court panel in 2023 that ruled on former Prime Minister Datuk Seri Najib Tun Razak's application for a review of his conviction and 12-year prison sentence over the misappropriation of RM42 million from SRC International Sdn Bhd. He also sat on the panel that decided the appeal involving SIS Forum (Malaysia). - Bernama

Abu Bakar Jais Appointed As New Court Of Appeal President
Abu Bakar Jais Appointed As New Court Of Appeal President

Barnama

time3 days ago

  • Politics
  • Barnama

Abu Bakar Jais Appointed As New Court Of Appeal President

GENERAL KUALA LUMPUR, July 17 (Bernama) -- Federal Court judge Datuk Abu Bakar Jais has been appointed as the new President of the Court of Appeal, replacing Tan Sri Abang Iskandar Abang Hashim who retired on July 3. Abu Bakar, 63, brings with him over three decades of experience in legal and judicial service. He began his judicial career as a Judicial Commissioner at the Kuala Lumpur High Court on July 8, 2013. He was then appointed as a High Court Judge on March 21, 2016, and served in both the Kuala Lumpur and Seremban High Courts until 2019. On Dec 5, 2019, he was elevated to the Court of Appeal, and later to the Federal Court on June 13, 2023. Born in Muar, Johor, Abu Bakar graduated with a Bachelor of Laws (Hons) from Universiti Malaya (1982–1986) and later obtained a Certificate in Government Legal Advisers Course from the University of London in 1996. His career spans various roles in the legal and judicial sectors, including stints as a law tutor at the International Islamic University Malaysia (1986-1987), Deputy Public Prosecutor at the Attorney General's Chambers and the Anti-Corruption Agency (1987-1990), Magistrate in Ipoh (1990), and Assistant Director at the Legal Aid Bureau (1991). Abu Bakar also served as Federal Counsel in the Civil Division of the Attorney General's Chambers (1992-1995) and as Senior Federal Counsel until 2000. In private practice, he was a litigation partner at Zaid Ibrahim & Co. (2001–2003) and later at Hisham, Sobri & Kadir (2004–2013). Abu Bakar was part of the Federal Court panel in 2023 that ruled on former Prime Minister Datuk Seri Najib Tun Razak's application for a review of his conviction and 12-year prison sentence over the misappropriation of RM42 million from SRC International Sdn Bhd.

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