The Court of Appeal has granted Health Minister Dzulkefly Ahmad's appeal, recusing Judicial Commissioner Arziah Mohamed Apandi from his defamation case against Najib Razak, citing a real danger of bias due to remarks made during case management. The case is now set to be heard by a different judge.
PUTRAJAYA: The Court of Appeal has delivered a significant ruling, allowing Health Minister Datuk Seri Dr Dzulkefly Ahmad 's appeal to recuse Judicial Commissioner (JC) Arziah Mohamed Apandi from presiding over his RM5 million defamation suit against former Prime Minister Datuk Seri Najib Tun Razak. The decision, handed down by a three-member bench, represents a critical development in the ongoing legal battle.
The court’s unanimous decision underscores concerns raised regarding the impartiality of the judicial process in this high-profile case. The court, led by Justice Datuk Dr Choo Kah Sing, alongside Justices Datuk Ahmad Kamal Md Shahid and Datuk Ong Chee Kwan, found merit in Dzulkefly's appeal, stemming from concerns over remarks made by JC Arziah during case management proceedings. This ruling effectively removes JC Arziah from the case and mandates that the suit be heard by a different judge or judicial commissioner in the High Court. The case will now be reassigned to a new judicial officer to ensure fairness and perceived impartiality in the proceedings. The judges carefully reviewed the details of the case management sessions. \The court’s rationale for allowing the appeal centered on the perceived risk of bias arising from JC Arziah's conduct during case management in 2025. The judges highlighted specific remarks made by the JC, which they believed created a real danger of bias. Specifically, the court found that the directions given by Arziah during the case management, particularly the alleged statement that the case would be struck out if not settled, may have unduly pressured Dzulkefly and deprived him of the opportunity to fully present his case, including any mitigation efforts. The court determined that Dzulkefly was not given the option to proceed with mitigation to ventilate his case. This, according to the court, created an environment where the proceedings were not perceived as neutral and could potentially disadvantage Dzulkefly. The judges emphasized that these concerns were specifically linked to JC Arziah's remarks and not her familial relationship. The court made it clear that the real danger of bias was confined to Arziah's remarks and did not arise from her relationship with her father, Tan Sri Mohamed Apandi Ali, who served as the attorney general during Najib’s tenure. This clarification is important as it focuses the legal scrutiny on the specifics of the case management rather than broader concerns. \Following the court's decision, Najib’s legal team confirmed that the case has been scheduled for case management at the High Court on Wednesday, February 25th, and they have no plans to appeal the ruling. This confirmation indicates that the legal proceedings will move forward with a new judicial officer in charge. This is a critical point of progress in the case. The background of the defamation suit filed by Dzulkefly against Najib, which centers around a social media post made by Najib in December 2021, which alleged cronyism by Dzulkefly in awarding positions or appointments to relatives. Dzulkefly has maintained that Najib's statement was intended to damage his reputation and was politically motivated. Najib, in his defense, contends that the post was not directed at Dzulkefly, but rather at the Pakatan Harapan coalition. Dzulkefly had filed the application to recuse JC Arziah on April 14, 2025, due to his concerns regarding remarks made during case management sessions on March 7 and April 7, 2025. This application was initially dismissed by Arziah on July 29, 2025, with a ruling that Dzulkefly had failed to demonstrate any real risk of bias. Dzulkefly then appealed to the Court of Appeal, which has now overturned the earlier ruling. The Court of Appeal's decision to allow the appeal and order the case to be heard by a different judge highlights the judiciary's commitment to ensuring fairness and impartiality in legal proceedings, particularly in sensitive and politically charged cases
Dzulkefly Ahmad Najib Razak Defamation Suit Court Of Appeal Recusal Judicial Bias
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