Ibrahim M Ahmad
There can be no doubt that the appointment of Wan Ahmad Farid Wan Salleh as the country’s new chief justice has raised many eyebrows.
The talk in town over the last couple of days – when rumours of his appointment were rife – was that his name came out of nowhere, especially because he is not one of the sitting Federal Court judges.
In fact, Wan Ahmad Farid is one of the more junior Court of Appeal judges. He ranks 26th among the 29 judges of the Court of Appeal in terms of seniority.
He has been a judge for close to 10 years. He was appointed judicial commissioner in 2015, and High Court judge in 2019. He was elevated to the appeals court on Nov 12 last year.
Indeed, his has been a meteoric rise, suggesting that the prime minister and the Conference of Rulers believe him to be the right man to lead the judiciary at a pivotal moment.
But in what sense? Is this appointment made with reformist intent?
One thing that it does show is that rumours of Prime Minister Anwar Ibrahim recommending former attorney-general Ahmad Terrirudin Salleh for the post were wide of the mark.
Likewise, no one can claim that Wan Ahmad Farid was a political appointment by Anwar. After all, Wan Ahmad Farid was an Umno man.
That should put to rest once and for all accusations that the prime minister has been meddling with the judiciary.
Wan Ahmad Farid’s trajectory has been unusual: political aide to then prime minister Abdullah Ahmad Badawi (2003-2008), senator (2005-2009), and deputy home minister (2008-2009).
In 2009 he contested a by-election for the Kuala Terengganu parliamentary seat but lost to a PAS candidate.
He then returned to law practice before being appointed a judicial commissioner.
Lawyers tend to champion longevity in service and seniority when identifying their preferred candidates for the top post. Wan Ahmad Farid has neither. That has left many wondering what he will bring.
Some fear his political background will see him cozy up to the executive, but to his credit, Wan Ahmad Farid has previously recused himself from hearing politically sensitive cases involving Anwar and Najib Razak, citing public perception and judicial integrity.
The hope is that he will bring transformation, like Zaki Azmi and Yong Pung How did.
Zaki’s appointment as lord president was just as contentious, maybe even more so.
A practising lawyer, he was appointed directly to the Federal Court bench in September 2007, made president of the Court of Appeal by December, and took over as lord president in October 2008.
At the time, his appointment was heavily criticised, given his close links to Umno.
Yet Zaki’s tenure was marked by aggressive reform. He tackled case backlogs, monitored judicial output, introduced the electronic filing system, streamlined court procedures, and implemented regular judicial training.
He was also one of the main movers of the Judicial Appointments Commission (JAC), established in 2009, aimed at depoliticising judicial selection.
Was Wan Ahmad Farid the JAC’s pick? That information is not in the public domain.
Yong Pung How’s appointment as Singapore’s chief justice was just as unconventional.
A partner at Shook Lin & Bok until 1970, Yong left the legal profession to join the banking sector and went on to become managing director of the Monetary Authority of Singapore.
Handpicked by then prime minister Lee Kuan Yew, he returned to the judiciary in 1989 and was appointed chief justice the following year.
Yong brought in a host of changes to a then sluggish judiciary. He modernised the Singapore legal system by introducing electronic filing and sped up the disposal of cases by reforming processes at all levels.
Wan Ahmad Farid will serve as chief justice until November 2028, when he turns 66, the mandatory retirement age for judges.
That gives him slightly more than three years in office. How he makes his mark is left to be seen.
Ibrahim M Ahmad is an FMT reader.
The views expressed are those of the writer and do not necessarily reflect those of FMT.