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The appellate court has upheld the High Court's 2022 decision striking out the suit.

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https://www.freemalaysiatoday.com/category/nation/2026/01/13/najib-fails-in-appeal-to-revive-rm1-9mil-suit-against-ex-ag-thomas

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https://www.freemalaysiatoday.com/category/bahasa/tempatan/2026/01/13/najib-gagal-rayuan-hidup-semula-saman-rm1-9-juta-terhadap-thomas

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Transcript
00:00The Court of Appeal has dismissed former Prime Minister Najib Razak's appeal to revive his
00:061.9 million ringgit lawsuit against former Attorney General Tommy Thomas. A three-member
00:12panel comprising Justices Pi Ravindran, Wong Kian Kyung and Nazarene Wok Nordin upheld a
00:18High Court ruling handed down on November 25, 2022, striking out the suit. Najib had
00:25sued Thomas for misfeasance in public office, malicious process and negligence in the exercise
00:30of prosecutorial discretion under Article 145, Subsection 3 of the Federal Constitution in
00:37relation to 1MDB and the International Petroleum Investment Company charges. Ravindran said the
00:43panel agreed that since the criminal cases had not been commenced when the civil suit was filed,
00:48the action for misfeasance, malicious process and negligence were clearly premature.
00:55The court, however, disagreed with the High Court's ruling that Thomas had immunity and
01:00his actions were non-justiciable. The court ordered that Najib pay costs of RM12,000 to Thomas.
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