MB vs MB: Decision set for Feb 9
The Federal Court will deliver its decision on his protracted legal tussle to win recognition of his status, following the collapse of the Pakatan government on Feb 4 last year.
Pakatan Rakyat’s Muhammad Nizar Jamaluddin will know on Feb 9 if he is the rightful menteri besar of Perak - just over a year since he was ousted amidst chaos.
The Federal Court will deliver its decision on his protracted legal tussle to win recognition of his status, following the collapse of the Pakatan government on Feb 4 last year.
The Perak Pakatan Rakyat secretariat said in a statement today that Nizar was informed through official correspondence to attend court at 9.30am on Feb 9.
Nizar, the Bukit Gantang MP and Permatang Pasir assemblyperson, urged “all those who support Pakatan Rakyat to pray to God for the return of justice and prosperity to the state of Perak”.
When contacted, Nizar's lawyer, Leong Cheok Keng confirmed that the court has set a date for its ruling on the application.
A five-man Federal Court bench heard Nizar’s case against Barisan Nasional’s Zambry Abd Kadir last year, immediately after rejecting the former’s application for a full panel to preside.
The bench comprised Justices Alauddin Sheriff, Arifin Zakaria, Zulkefli Ahmad Makinudin, Mohd Ghazali Mohd Yusoff and Abdull Hamid Embong.
Nizar’s suit
Nizar is seeking a declaration that he is the rightful Perak menteri besar and an interpretation of Article 16(6) of the Perak constitution as to whether the menteri besar's post can be vacated when:
- The menteri besar had advised the ruler on dissolution of the state legislative assembly;
- There was no dissolution of the assembly;
- There was no motion of confidence against the menteri besar in the state legislative assembly; and
- The menteri besar did not resign.
In his application, Nizar also said Zambry should cite the authority that allows him to legitimately assume the post of menteri besar.
Nizar is also seeking a declaration that Zambry has no right to be menteri besar at any material time, plus an injunction to prevent him or his agents from continuing his task and role as the menteri besar.
Pakatan lost its hold on the state assembly in Perak when three of its representatives turned BN-friendly Independents.
This set off a series of legal manoeuvres between representatives of the two political coalitions, each striving to establish legitimacy in the eyes of the public and the law.
In the immediate aftermath of the political crises, Nizar was briefly returned to the post through judicial intervention, but the tide turned in favour of Zambry soon after.

