KUALA LUMPUR, March 18 — Former prime minister Datuk Seri Najib Razak has taken his RM1.9 million lawsuit against former attorney general Tan Sri Tommy Thomas to the Federal Court in a final bid to revive the case.

The move comes after the Court of Appeal in January upheld a High Court decision to strike out the suit, which alleges misfeasance in public office and malicious prosecution, Free Malaysia Today reported

Najib sued Thomas in 2020 over charges brought against him related to 1MDB, seeking RM1.9 million in special damages to cover his legal defence preparation costs.

However, the lower courts dismissed the suit, ruling that it was “premature” as the criminal cases had not yet commenced when the civil action was filed.

The Court of Appeal also noted that the specific legal claim, known as the “tort of malicious process,” does not exist in Malaysian law.

In a significant finding, however, the appellate court disagreed with the High Court on one key point: the immunity of the attorney general.

Justice P. Ravinthran, leading the panel, said that Article 145(3) of the Federal Constitution “does not confer immunity to the AG” from being personally named in civil suits.

Najib’s lawyer, Yudistra Darma Dorai, confirmed that a leave application to proceed with the appeal will be heard by the Federal Court on July 30.

He said the legal team has framed three questions of law for the apex court to consider, arguing that the civil action is not a collateral attack on the criminal charges.

“It concerns my client’s allegations on the actions, conduct and omissions of the former AG, pertaining to Najib Razak, prior to Thomas becoming the AG, during his tenure, and after,” Yudistra said.

 Malay Mail – Malaysia