KUALA LUMPUR: The Court of Appeal has dismissed an appeal by Pejuang chief Datuk Seri Khairuddin Abu Hassan in a legal action to compel the Attorney General (AG) to advise Tan Sri Muhyiddin Yassin to resign from the Prime Minister’s post on the grounds that the latter was no longer the premier.

       In the unanimous decision, the appellate court allowed a preliminary objection by the federal counsel representing AG Tan Sri Idrus Harun before dismissing the appeal.

       The three-man panel chaired by Justice Hanipah Farikullah said Muhyiddin, who resigned on Aug 16, 2021, is no longer the prime minister.

       “The factual circumstances in this case are such that the grand basis of the declaration sought no longer exists.

       “This leaves the declaration sought (by the appellant) of the judicial review application, which is merely a reiteration of Article 145(2) of the Federal Constitution, and which declaration sought does not disclose any opposing view to that article.

       “Accordingly, the preliminary objection by the Federal Counsel is allowed, therefore the appeal is dismissed,” she said in a Zoom proceeding yesterday.

       Other judges on the panel were Justices Azizah Nawawi and Darryl Goon Siew Chye.

       The court also awarded RM10,000 in costs to the respondent.

       Earlier, the court heard submissions on the preliminary objection from both Federal Counsel Low Wen Zhen, who appeared for the respondent, and lawyer Mohamed Haniff Khatri Abdulla, who represented Khairuddin.

       Low argued that it was within public knowledge that Muhyiddin was no longer the prime minister and that Datuk Seri Ismail Sabri Yaakob took office on Aug 21, 2021, making it no longer a live issue to be decided on.

       “The issue is now academic and ought to be disposed of without hearing the merits,” she said.

       Mohamed Haniff argued that the appellate court could still decide on the case despite the change in the premiership.

       On Feb 3, 2021, Khairuddin filed an application for leave to initiate a judicial review against Idrus, wanting the court to declare that his move to accompany Muhyiddin to meet the Yang di-Pertuan Agong on Jan 11 to get an emergency declaration was invalid as the premier did not have a majority.

       On April 27 the same year, the High Court ruled that Khairuddin had no locus standi to file the legal action.

       The judge said Khairuddin has not shown how he had been adversely affected by the omission, and there was no proof that he has any specific legal right or real and genuine legal interest in the subject matter.