Dr Zambry is valid Perak MB, Federal Court rules
PUTRAJAYA: The Federal Court ruled on Tuesday that Datuk Seri Dr Zambry Abd Kadir is the rightful Perak Mentri Besar.
The decision was read out by Chief Judge of Malaya Tan Sri Arifin Zakaria, who sat with Court of Appeal President Tan Sri Alauddin Mohd Sheriff and Federal Court judges Datuk Zulkefli Ahmad Makinudin, Datuk Wira Ghazali Mohd Yusoff and Datuk Abdull Hamid Embong.
The bench ruled that the Court of Appeal was right in reversing the High Court ruling.
The apex court ruled that if a mentri besar refused to resign, his office was deemed to have been vacated.
The bench ruled that the vote of no confidence could be determined by other means than from the Perak Assembly.
It was the final step in the appeal by former Pakatan Rakyat Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin to reclaim the Mentri Besar's post.
However, the losing party in a court case can apply to the Federal Court to review its own ruling under Rule 137 of the Rules of the Federal Court to challenge the matter on constitutional points.
A calm-looking Nizar told reporters Wednesday that the decision was “not unexpected” and that he and his team would need to study the written judgement before deciding what to do next.
The conflict over who was the rightful Mentri Besar arose last year after three Pakatan assemblymen quit their parties to become independent state assemblymen, leaving Pakatan and Barisan with 28 assemblymen each in the 59-seat Perak legislative assembly.
The Sultan of Perak then named Dr Zambry the Mentri Besar of Perak.
Nizar took the matter to the High Court which ruled in his favour. Dr Zambry, however, got a stay of judgement and went to the Court of Appeal which overturned the High Court ruling.
Nizar then appealed to the Federal Court.
Meanwhile, Dr Zambry's lawyers came out of the court room waving happily to the crowd. Dr Zambry was not present in the court.
Supporters of both sides erupted into shouting slogans with Dr Zambry supporters chanting 'Hidup BN' while Nizar's supporters shouted 'tipu, Zambry penakut, MB haram.'
Earlier, supporters of both Dr Zambry and Nizar had gathered outside the court as early as 7am with some of them shouting ‘bubar dun’ and ‘hidup rakyat’.
FRU personnel had a tough time managing the crowd. In the end, Dr Zambry’s supporters were kept to the left while Nizar’s supporters moved to the right of the area leading to the court room.