The court made the ruling today after rejecting Deputy Public Prosecutor Ahmad Nazneen Zulkifli’s preliminary objection against Fahmi’s application.

Judicial Commissioner Mohamad Shariff Abu Samah ruled the High Court had the jurisdiction to hear the application.

He then set Feb 23 as the date for the hearing.

Fahmi’s lawyer, Syahredzan Johan told reporters that the High Court agreed with their argument that the court had the power to strike out a legal charge.

“This court has the jurisdiction, not the lower courts.

“And this has been decided by the (High Court) judge,” he said outside the court today.

Fahmi, 39, claimed trial at the Sessions Court last year to a charge of improper use of network facilities or network service, under the Communications and Multimedia Act 1998.

He was accused of intentionally using his Instagram account to post the edited image of Prime Minister Najib Razak with the intention to offend others on Jan 31 last year

The offence carries a sentence of a year’s imprisonment or a RM50,000 fine or both.