FORMER prime minister Tan Sri Muhyiddin Yassin’s sedition case will proceed to a full trial after the Federal Court declined to answer constitutional questions he raised on provisions of the Sedition Act 1948.
A five-member Federal Court bench, chaired by Court of Appeal judge Datuk Seri Abu Bakar Jais, ordered the matter to be remitted to the Kuala Lumpur High Court, ruling that the legal issues could be properly ventilated during the trial process.
Earlier, Muhyiddin’s counsel, Datuk Amer Hamzah Arshad, informed the court that both the defence and the prosecution were in agreement that the issues should be deliberated at the High Court rather than at the apex court.
In delivering the decision, Abu Bakar said referring the constitutional questions to the Federal Court at this stage would be wasteful, noting that any ruling by the apex court would bind the applicant if it were unfavourable to him.
He explained that if the Federal Court were to hear and determine the questions now, there would be no further avenue of appeal for any dissatisfied party.
By contrast, addressing the issues at the High Court would preserve the accused’s right to appeal to both the Court of Appeal and the Federal Court.
“The question is, which is better for the accused? At this stage, should the High Court be bound by what has been decided by the Federal Court?
“(Or) is it better for the accused to allow the High Court, without being bound by the Federal Court, to determine the questions?
“Therefore, in view of what has been stated by counsel and the deputy public prosecutors, this court will not answer the questions raised at this stage.
“As such, the case currently before us is remitted to the High Court to be tried. At this stage, the trial has not commenced and witnesses have not been called,” he said.
Also sitting on the bench were Chief Justice of Malaya Datuk Seri Hashim Hamzah and Federal Court judges Datuk Rhodzariah Bujang, Datuk Lee Swee Seng and Datuk Mohd Nazlan Mohd Ghazali.
Among the constitutional questions raised was whether Section 4 of the Sedition Act 1948, read together with Section 3(3), constitutes an unreasonable restriction on freedom of speech and is contrary to Article 10(1)(a) of the Federal Constitution.
Muhyiddin also challenged whether Section 3(2), read with Section 3(3) of the Act, is unconstitutional on the grounds that it infringes the accused’s right to a fair trial.
On April 4 last year, the 78-year-old Parti Pribumi Bersatu Malaysia president filed an application seeking a reference on points of law concerning the validity of those provisions under the Sedition Act.
Muhyiddin has pleaded not guilty to a charge of making seditious remarks during campaigning for the Nenggiri state by-election at Dewan Semai Bakti Felda Perasu between 10.30pm and 11.50pm on Aug 14 last year.
The alleged remarks relate to his claim that he was not invited by the Yang di-Pertuan Agong to be sworn in as prime minister following the 15th General Election, despite asserting that he had the support of 115 of the 222 Members of Parliament at the time.
He is charged under Section 4(1)(b) of the Sedition Act 1948, which carries a maximum penalty of a RM5,000 fine, imprisonment of up to three years, or both, upon conviction. - February 9, 2026
