Justice Zainun Ali said the matter was now academic as Raus and Zulkefli had resigned from their posts in July.

“It is not tenable for the bench to answer the four questions,” she said.

“The court will not act in a vacuum because there is no live issue here.”

The others on the bench were Hasan Lah, Ramly Ali, Balia Yusof Wahi, Aziah Ali and Alizatul Khair Osman Khairuddin.

Chief Judge of Malaya Zaharah Ibrahim was originally part of the panel as well, but recused herself today saying she did not want to be accused of bias.

The peninsula-based Malaysian Bar and its counterpart, the Advocates Association of Sarawak (AAS), had sought four declarations on the matter including whether Raus and Zulkefli could remain in their administrative positions beyond the mandatory retirement age.

The two groups also questioned whether former chief justice Arifin Zakaria could advise the king to appoint Raus and Zulkefli as additional judges a day before his retirement on March 31 last year.

The four legal questions posed before the judges were:

• Whether an additional judge can be appointed on the advice of the chief justice, such that the appointment takes effect after the latter’s retirement;
• Whether, under Article 122 (1A) of the Federal Constitution, read together with Articles 122 (B1), 122 (B2) and 125, an additional judge can be made chief justice and Court of Appeal president;
• Whether the appointment of judges by the king under Article 122 (1A) and Article 122 (B) is justiciable; and,
• Whether the appointments as additional judges, and thereafter of the chief justice and Court of Appeal president, announced while they were serving judges but to take effect after their retirement, violate Articles 122 (1), 122 (1A) and 125 (1).

Chronology:

• March 30, 2017: Arifin recommends to the king that Raus and Zulkefli be appointed as additional judges a day before he leaves office, with the duo’s appointments to take effect after they retire.
• April 1: Raus and Zulkelfi are appointed as chief justice and Court of Appeal president. They had been scheduled to retire on Aug 3 and Sept 27 upon reaching the mandatory retirement age of 66 plus six months.
• July 7: The Prime Minister’s Office issues a statement extending Raus’ tenure for three years from Aug 4 and Zulkefli’s for two years from Sept 28.
• Aug 3: The Malaysian Bar in an extraordinary general meeting votes in a resounding majority that the appointments of Raus and Zulkefli are unconstitutional.
• Oct 10: The Bar files a declaration at the High Court in Kuala Lumpur to challenge the duo’s positions.
• Dec 19: The High Court allows the Bar’s application to refer to the Federal Court the legality of Raus and Zulkefli’s appointments.
• March 14, 2018: A seven-man bench hears submissions for and against the appointments from the government, the Bar, AAS, the Sabah Law Society and the Muslim Lawyers’ Association.
• June 13: The Federal Court Registrar’s Office announces that Raus and Zulkefli will resign effective July 31.
• Sept 13: The bench recalls parties for clarification and seeks their opinion on whether the legal dispute is academic since the two are no longer in office.
• Sept 24: The Federal Court declines to answer the four questions, ruling that the matter is now academic.