
Mat Zain’s counsel Adenan Ismail informed a three-member Court of Appeal bench chaired by Badariah Sahamid that his client was seeking to withdraw the appeal with costs of RM2,500.
Badariah, who presided over the appeal with justices Zabariah Mohd Yusof and Hanipah Farikullah, then struck out the appeal with costs of RM2,500.
On July 6, 2018, the Kuala Lumpur High Court allowed Najib’s application to strike out the suit as the issue had become academic since he was no longer the prime minister.
In his suit filed on March 3, 2018, Mat Zain claimed that the oath of office and loyalty that Najib took on April 3, 2009, was not as stipulated in the Federal Constitution and that it had been altered.
He sought a declaration for Najib’s subsequent actions as the prime minister and finance minister to be declared null and void.
Adenan, when asked outside the court why his client decided not to proceed with the appeal, said it was because the matter had become irrelevant as Najib is no longer the prime minister.
Counsel Nurshafiqa Balqish Jaffri represented Najib.