Nizar’s appeal over rightful Perak MB on Nov 5

(Bernama) — Who is the rightful menteri besar of Perak? The battle to determine that person is scheduled to be heard at the Federal Court on Nov 5.

Leong Cheok Keng, one of Datuk Seri Mohammad Nizar Jamaluddin’s lawyers told Bernama that he received a letter dated Sept 3, via fax from the Federal Court Registry in Putrajaya, informing his legal firm that the court had fixed Nov 5 to hear Mohammad Nizar’s appeal.

Mohammad Nizar is appealing against the Court of Appeal’s decision which declared Datuk Seri Dr Zambry Abdul Kadir as the rightful menteri besar of Perak.

On July 9, the Federal Court granted Mohammad Nizar’s leave to appeal after the respondent, Zambry, through his counsel Datuk Cecil Abraham and the intervernor, the Government of Malaysia which was represented by Attorney-General Tan Sri Abdul Ghani Patail, had no objection to the application.

The battle for the menteri besar’s post began after three assemblymen left the DAP-PKR-PAS alliance and threw their support behind Barisan Nasional in February.

Mohammad Nizar, 52, then filed for a judicial review seeking a writ of ‘quo warranto’ to be issued against Zambry to show-cause on what basis or authority he (Zambry) was the rightful menteri besar.

On May 11, the Kuala Lumpur High Court declared Mohammad Nizar as the legitimate Perak menteri besar, but the ruling was overturned by the Appeal Court on May 22.

The High Court ruled that the Sultan of Perak Sultan Azlan Shah could not dismiss Mohammad Nizar from his office because the latter (menteri besar) did not hold office at the pleasure of the Ruler, and once a menteri besar was appointed, he and his executive council were answerable to the State Legislative Assembly and no one else.

The Court of Appeal held that Sultan Azlan Shah was right in appointing Zambry as the new menteri besar under Article 16(2) of the Perak Constitution, after being satisfied that Zambry had the command of the majority of the Perak state legislative assembly.

Counsel Sulaiman Abdullah is lead counsel for Mohammad Nizar.