What role does Article 122(2) play in forming the bench?

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Article 122(2) Facilitates the Co-option of Judges to the Federal Court Bench

Article 122(2) of the Federal Constitution empowers the Federal Court to co-opt a judge from the Court of Appeal to sit on a Federal Court bench when deemed necessary in the interest of justice. This provision was invoked in the review application concerning Datuk Seri Najib Razak's SRC International Sdn Bhd case, where Court of Appeal judge Datuk Abu Bakar Jais was appointed to the five-member bench. This bench was constituted to hear Najib's application to review the Federal Court's prior decision upholding his conviction and sentencing.
Co-option of Court of Appeal Judges

The Federal Constitution, specifically Article 122(2), provides a mechanism for the Federal Court to augment its benches with judges from the Court of Appeal. This provision allows for the inclusion of additional judicial expertise when circumstances warrant it, ensuring that the bench possesses the necessary breadth of experience for specific cases. The inclusion of Datuk Abu Bakar Jais on the bench for Najib Razak's review application exemplifies the practical application of this constitutional provision.
Rationale of "Interest of Justice"

The co-option of a judge under Article 122(2) is explicitly linked to serving the "interest of justice." While the specific criteria defining this interest are not elaborated upon in the provided context, it generally implies situations where the complexity, significance, or unique nature of a case might benefit from the broader perspective or specialized knowledge a co-opted judge can bring. In the context of Najib Razak's review application, the decision to co-opt a judge suggests that the court considered it essential for the fair and proper adjudication of the matter.
Bench Composition for Najib's Review Application

In the specific instance of Datuk Seri Najib Razak's application for review of his SRC International conviction, the Federal Court bench was formed with consideration for Article 122(2). The bench was chaired by Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli and included Federal Court judges Datuk Vernon Ong Lam Kiat, Datuk Rhodzariah Bujang, and Datuk Nordin Hassan. The co-option of Court of Appeal judge Datuk Abu Bakar Jais further constituted the five-member panel convened to hear the proceedings, underscoring the importance placed on the judicial composition for this significant case.

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What role does Article 122(2) play in forming the bench?

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