FORMER prime minister Datuk Seri Najib Razak has filed an application at Malaysia’s Federal Court seeking leave to appeal in an effort to revive his RM1.9 million civil lawsuit against former Attorney General Tan Sri Tommy Thomas.
The 72-year-old submitted the notice of motion on February 10, challenging the Court of Appeal’s decision to uphold a High Court ruling that struck out his suit.
He is seeking permission to appeal the entirety of that decision, as well as leave to file the appeal within one month if granted.
According to his counsel, Yudistra Darma Dorai, the application is scheduled to be heard on July 30.
In the filing, Najib raised three legal questions for the Federal Court’s consideration, centring on whether his claim was wrongly dismissed at a preliminary stage.
Earlier, on January 13, a three-member Court of Appeal panel led by Ravinthran N. Paramaguru agreed with the High Court that the lawsuit was premature, as the related criminal proceedings had not commenced at the time the civil action was filed.
The High Court had, on November 25, 2022, allowed Thomas’s application to strike out the suit without a full trial.
Najib originally filed the lawsuit on October 22, 2021, alleging that Thomas had abused his power by initiating criminal charges against him in connection with the 1Malaysia Development Berhad (1MDB) scandal. He claimed the former attorney general acted with malice in bringing charges linked to both 1MDB and the International Petroleum Investment Company (IPIC).
The charges referenced in the suit include abuse of power under Section 23 of the Malaysian Anti-Corruption Commission Act 2009, as well as multiple money laundering offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
Through the civil action, Najib is seeking a court declaration that Thomas committed the tort of misfeasance in public office, along with special damages amounting to RM1.9 million. The sum covers expenses incurred in appointing an audit team to review documents and prepare his defence in the criminal proceedings.
Thomas served as attorney general from June 4, 2018, to February 28, 2020. - March 18, 2026
