A three-member panel comprising Justices Hasnah Hashim, Zabariah Yusof and Hanipah Farikullah ruled unanimously that the questions related to the adducing of fresh evidence were not hypothetical or academic.

Earlier, Najib’s senior counsel Shafee Abdullah argued that the three questions were academic, hypothetical in nature and devoid of factual basis.

However, Hasnah ruled the questions merited further ventilation before the court.

She also said the other questions on the attorney-general’s role at the leave stage of the judicial review warranted a Federal Court decision, following contradictory positions taken by the High Court and Court of Appeal.

The court also ruled that the question as to whether the addendum was justiciable for Federal Court review was relevant to Article 42 of the Federal Constitution, which relates to the power of the king to grant pardons.

The apex court is hearing Attorney-General Dusuki Mokhtar’s appeal against a Court of Appeal decision allowing Najib to initiate a judicial review related to the addendum.

The hearing continues tomorrow.

In a 2-1 majority decision on Jan 6, the Court of Appeal remitted the case on Najib’s claim of the royal addendum’s existence to the High Court to be heard on its merits.

This decision overturned the High Court’s earlier dismissal of Najib’s application for leave to commence a judicial review regarding the alleged addendum.

Najib is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court’s dismissal of his appeal and review application.

In February last year, the Federal Territories Pardons Board reduced his initial 12-year jail sentence and fine of RM210 million to six years and a RM50 million fine.