Can former PM Najib Razak be sued for misfeasance in public office?

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Former Prime Minister Najib Razak Can Be Sued for Misfeasance in Public Office

The Federal Court has ruled that former prime minister Datuk Seri Najib Razak is a public officer and can therefore be sued for alleged misfeasance in public office. This landmark decision allows Tony Pua Kiam Wee to proceed with his civil claim against Najib Razak and the Government of Malaysia. The High Court had previously dismissed Pua's lawsuit, holding that Najib was not a public officer.
Federal Court Reinstates Lawsuit Against Najib

A seven-member bench of the Federal Court, led by Chief Justice Tan Sri Tengku Maimun Tuan Mat, unanimously allowed Pua's appeals to reinstate his lawsuit. This decision overturned the High Court's earlier decision to strike out the claim. The Federal Court found that Pua's claim of prima facie contained the necessary elements to constitute a valid claim for misfeasance in public office.
Definition of Public Officer Expanded Under the Act

Federal Court judge Datuk Nallini Pathmanathan clarified that a prime minister or any other minister falls under the definition of public officers within Section 5 of the Government Proceedings Act 1956. She stated there was no legislative intent to abrogate the common law definition of "public officer" and that no specific written law alters the common law tort of misfeasance in public office in Malaysia. Consequently, the tort is available against individuals holding public office, including the prime minister.
Case to Proceed to Trial for Determination of Damages

Tony Pua initiated the lawsuit against Najib Razak and the government concerning the 1Malaysia Development Berhad (1MDB) issue, alleging misfeasance in public office. Pua claimed Najib held public office as the Pekan Member of Parliament, prime minister at the time, and chairman of the 1MDB board of advisors, asserting his involvement in the entity's decisions. The Federal Court has now remitted the matter to the High Court for trial to determine the extent of alleged damages suffered by Pua and the success of the claim.

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Can former PM Najib Razak be sued for misfeasance in public office?

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