Trial dates before Sessions Court judge Azura Alwi had already been fixed last December.
In his application filed last evening, the DAP secretary-general said all proceedings should be stopped pending a High Court decision.
The application, filed by Messrs Gobind Singh Deo & Co, will be heard on Monday before judge Muhammad Jamil Hussin.
Deputy public prosecutor Wan Shaharuddin Wan Ladin, who is leading the prosecution team, said he would object to the application.
Wan Shahruddin said several witnesses from Penang had been lined up to give evidence in the sessions court from Tuesday to Friday.
In his affidavit in support of the application sighted by FMT, Lim said the prosecution had requested that he submit his defence as required under Section 62 of the Malaysian Anti-Corruption Commission Act (MACC).
However, he said the Federal Court had ruled in 2018 that such a requirement was unconstitutional although a written judgment was not made available.
“The Federal Court ruling on Section 62 of the MACC Act is an important question to be determined for a fair trial,” he said.
Lim said he was also entitled to statements given by prosecution witnesses to the MACC in preparation for his defence, which were now classified as “privileged” documents.
“As such, this case must be heard in the High Court so that the Federal Court could hear and determine legal questions,” he said.
Proceedings from the sessions court, he said, would only end in the Court of Appeal.
Lim was charged on Aug 7 last year with corruptly soliciting gratification to help Consortium Zenith Construction Sdn Bhd senior director Zarul Ahmad Mohd Zulkifli to secure the Penang undersea tunnel project.
He is alleged to have sought 10% of the profit to be made by the company from Zarul Ahmad, the company owner, near a hotel at Mid Valley City here in March 2011.
On Aug 10, he was charged at the Butterworth sessions court with using his position as then chief minister to solicit RM3.3 million in gratification for himself as an inducement for helping the company to secure the project, valued at RM6.3 billion.
On Sept 11, he was charged in the same court with two counts of causing two plots of land belonging to the Penang government worth RM208.8 million to be disposed of to two companies, which were linked to the undersea tunnel project.
The offences were allegedly committed at the Penang Land and Mines Office at Level 21 of Komtar on Feb 17, 2015 and March 22, 2017, respectively.