PUTRAJAYA: Former foreign minister Anifah Aman has again failed to challenge a court’s decision that nullified his victory in Kimanis in the general election held on May 9, 2018.
The Federal Court today dismissed his review application over its previous decision that ruled Anifah was not duly elected in the 14th general election which has resulted in a by-election for Kimanis.
“We have considered the applicant’s (Anifah) review made under Rule 137 of Rules of Federal Court and we are of the view that he failed to pass the threshold as required.
“We are also not persuaded that he had established his claim of bias against four judges who previously heard his appeal,” said Federal Court judge Mohd Zawawi Salleh when delivering the court’s decision.
The court also ordered Anifah to pay RM200,000 in costs to the Election Commission (EC), its returning officer and Warisan’s Karim Bujang.
Other judges on the panel were Vernon Ong, Abdul Rahman Sebli, Abang Iskandar Abang Hashim and Zabariah Mohd Yusof.
This decision means that the Kimanis by-election, the 10th by-election under Pakatan Harapan, can proceed tomorrow (Jan 4) with the candidates’ nominations. Voting has been fixed on Jan 18.
Umno has chosen Mohamad Alamin, the former Bongawan assemblyman, as its Kimanis candidate. Meanwhile, Karim will be contesting for Warisan again.
Anifah, formerly Umno Supreme Council member, left Umno in September 2018 and had said he will not seek to defend the Kimanis seat in this by-election.
He only obtained a majority of 156 votes, defeating Karim in 2018.
Speaking to reporters after the decision, Anifah’s lawyer, Tengku Fuad Tengku Ahmad, said the former minister accepted and respected the court’s decision.
“He also thanked his supporters and looked forward to continuing to serve the people in his capacity as a private citizen,” Fuad said.
The lawyer also said that he had not received any instructions from Anifah to file a suit against EC.
“I would strongly advise him not to pursue the case against EC because, at this stage, I don’t think he will succeed.
“But that is a matter between him and the lawyers who are advising him on the matter,” Fuad added.
Previously, Anifah’s special officer, James Ligunjang, said he planned to file a suit against EC for failing to conduct the polls properly in 2018 and wanted to seek compensation from the government.