Former prime minister Datuk Seri Najib Razak has failed in his attempt to reinstate a RM1.9 million civil lawsuit against former attorney-general Tan Sri Tommy Thomas after the Court of Appeal dismissed his appeal on January 13, 2026.
A three-judge panel comprising Justices P Ravinthran, Wong Kian Kheong and Nadzarin Wok Nordin upheld a High Court decision dated November 25, 2022, which had earlier struck out the suit. The appellate court agreed that the claim could not proceed and ordered Najib to pay RM12,000 in costs to Thomas.
Najib initiated the civil action in 2020, alleging misfeasance in public office, abuse of process and negligence by Thomas in the exercise of prosecutorial discretion under Article 145(3) of the Federal Constitution. The claims were linked to criminal charges involving 1Malaysia Development Berhad (1MDB) and the International Petroleum Investment Company (IPIC). Najib had sought RM1.9 million in special damages, said to be expenses incurred for engaging an audit team to examine documents and assist in preparing his legal defence.
In delivering the decision, Justice Ravinthran said the court agreed with the High Court that the lawsuit was filed prematurely. At the time the civil action was initiated, the related criminal proceedings had not yet begun, making the claim legally unsustainable. He also noted that Malaysian law does not recognise the tort of malicious process, further weakening the foundation of Najib’s case.
However, the Court of Appeal departed from one aspect of the High Court’s reasoning. The panel disagreed with the earlier finding that the attorney-general enjoyed immunity from civil suits and that Thomas’ actions were non-justiciable. Justice Ravinthran clarified that Article 145(3) of the Federal Constitution does not grant blanket immunity to the attorney-general from being sued in a personal capacity. He added that legal precedents relied upon by the High Court were not applicable in situations where the exercise of prosecutorial discretion itself was being challenged.
Despite this clarification, the appellate court maintained that the overall claim could not stand due to its premature nature and the absence of a recognised cause of action under Malaysian law.
Najib was represented by lawyers Firoz Hussein and Yudistra Darma Dorai, while Thomas was represented by Alan Adrian Gomez.
The ruling brings an end to Najib’s effort to revive the civil suit, reinforcing judicial boundaries surrounding civil claims linked to ongoing or incomplete criminal proceedings, while also clarifying the limits of prosecutorial immunity under the Constitution.
Kamran (kfiverr21@gmail.com) is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
The User Content (as defined on Newswav Terms of Use) above including the views expressed and media (pictures, videos, citations etc) were submitted & posted by the author. Newswav is solely an aggregation platform that hosts the User Content. If you have any questions about the content, copyright or other issues of the work, please contact creator@newswav.com.
