Muda wanted the apex court to determine whether MACC has the authority and jurisdiction to investigate a serving superior court judge for breaching the Judges’ Code of Ethics 2009 and presiding over a case despite a conflict of interest.

The youth-based party filed the lawsuit in April 2023 in a bid to declare as unlawful and unconstitutional the agency’s findings that Nazlan might have breached judicial ethics and acted in conflict of interest when presiding over Najib Razak’s SRC International trial in the High Court.

Justice Ahmad Kamal Md Shahid said the application to refer such constitutional issues had no merit.

He added that the Federal Court, in Najib’s final SRC International appeal, had dealt with the conflict of interest issue.

Kamal then set Feb 6 for case management.

On July 28, 2020, Nazlan convicted Najib of abuse of power, criminal breach of trust and money laundering involving RM42 million belonging to SRC International, which had been deposited into the former prime minister’s bank accounts.

He was sentenced to 12 years in prison and fined RM210 million. The conviction and sentence were upheld by the Court of Appeal on Dec 8, 2021, and the Federal Court on Aug 23, 2022.

Najib is currently serving his jail term at Kajang Prison.

The late Haris Ibrahim and two other lawyers, Nur Ain Mustapa and Sreekant Pillai, previously filed a lawsuit against MACC questioning its investigations into Nazlan over claims of an unexplained sum of more than RM1 million in his bank account.

The trio said the probe violated the independence of the judiciary and the principle of separation of powers.

A seven-member Federal Court panel led by Chief Justice Tengku Maimun Tuan Mat unanimously found that MACC’s investigation of Nazlan was conducted without following protocol, the agency having failed to consult the chief justice before initiating the probe.

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