KUALA LUMPUR: The High Court has fixed Nov 11 for the case management of a RM2.2 million suit filed by former attorney-general Mohamed Apandi Ali who alleges that his removal from office by Dr Mahathir Mohamad in 2018 was unlawful.
Abdul Shukor Ahmad, who represented Apandi, said the case management will be held before a deputy court registrar.
Apandi, who filed his statement of claim on Oct 13, wants a declaration that the former prime minister induced a breach of contract between him and the federal government.
He also wants a declaration that Mahathir committed a misfeasance in public office as prime minister when he sacked him in June 2018.
Apandi said he held office with consent from the King and any advice by the prime minister to sack him was not binding.
He is asking for RM2,233,599.36 in special, punitive and general damages to be assessed by the court.
Shukor said the court papers had been served to the Attorney-General’s Chambers (AGC) as the action was filed against Mahathir in his capacity as a public officer.
He said the government was named as second respondent as it was vicariously liable for any wrong action by Mahathir.
“It is very likely the AGC will represent Mahathir,” he said.
Shukor said he would serve the sealed copies of Apandi’s statement of claim to Mahathir if he wanted to appoint a lawyer to represent him.
Recently, Dewan Rakyat speaker Azhar Azizan Harun, his deputies Azalina Othman Said and Rashid Hasnon, and Dewan Rakyat secretary Nizam Mydin Bacha Mydin engaged lawyers instead of a federal counsel from the AGC in an action brought by Mahathir.
Mahathir and four other MPs are seeking a declaration that the appointments of Azhar and Azalina on July 13 were not in line with the Federal Constitution and Standing Orders.