KUALA LUMPUR, Jan 24 — 1Malaysia Development Bhd (1MDB) and its subsidiaries are set to have a new judge presiding over their lawsuit against former prime minister Datuk Seri Najib Razak and former management staff.
Judge Datuk Mohd Arief Emran Arifin will replace Judge Atan Mustaffa Yussof Ahmad, as confirmed by 1MDB’s counsel, Siva Kumar Kanagasabai, in a statement to The Edge. The reason behind the change of judges was not disclosed.
Prior to handing the case over to Arief Emran, Atan Mustaffa had granted a Mareva injunction of US$681 million (RM2.99 billion) against Najib, which is currently under appeal.
According to The Edge, Arief Emran, the son of former Chief Justice Tun Arifin Zakaria, previously worked as a partner at Wong & Partners, the law firm representing 1MDB, before his appointment to the judiciary. However, no objections have been raised against Arief Emran presiding over the case.
Arief Emran had previously overseen the RM42 million lawsuit filed by SRC International Sdn Bhd against Najib, where in 2022, he imposed a Mareva injunction, freezing the former finance minister’s assets. This decision was later upheld by both the Court of Appeal and the Federal Court. Currently, the SRC case has been reassigned to Judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan.
1MDB, together with its four subsidiaries, has filed an US$8 billion lawsuit against Najib and seven former senior staff members, including ex-CEO Nik Faisal Ariff Kamil and former executive director of business development Casey Tang Keng Chee, both of whom are still unaccounted for.
The lawsuit also includes former 1MDB deputy CFO Terence Geh Choh Heng, ex-general counsel Jasmine Loo Ai Swan, former chief investment officer Vincent Beng Huat Koh, ex-COO Radhi Mohamad, and former investment director Kelvin Tan Kay Jim.
The lawsuit claims that the defendants, including Najib, who served as chairman of the board of advisers at the time, were complicit in helping the companies enter into fraudulent agreements that created a complex money trail, designed to facilitate or hide the embezzlement of 1MDB funds.
The Edge also reported that 1MDB has filed a separate lawsuit against fugitive Low Taek Jho (Jho Low), his family, and an associate, which will also be reassigned to a new judge after the transfer of Hayatul Akmal Abdul Aziz. It’s not yet known who will handle the case.
The paper reported that Hayatul Akmal was reassigned from the Civil Division to the Special Powers Division earlier this month.
A case management session took place today before High Court deputy registrar Mohd Ibrahim Mohd Ghulam.
The court had previously set June 16, 2025, as the date to hear 1MDB and its four subsidiaries’ US$3.78 billion lawsuit against Jho Low.
The suit, which includes allegations of fraudulent concealment, misappropriation of funds, and unjust enrichment, also lists his father Tan Sri Larry Low Hock Peng, mother Goh Gaik Ewe, siblings Taek Szen and May Lin, and associate Eric Tan Kim Loong as defendants.
1MDB secured a default judgment against Jho Low, Hock Peng, and Taek Szen in November 2023, and against Goh in May 2024, after their failure to appear.
Jho Low alone faces a judgment of nearly US$2.8 billion, with an additional US$983 million against him and his father. Taek Szen was ordered to pay US$27.5 million, while Goh was required to return US$1.695 million worth of jewellery allegedly purchased with 1MDB funds.
A default judgment can be issued when a defendant fails to respond, or their defence is dismissed. The court also imposed a Mareva injunction against Jho Low and Hock Peng, and their non-compliance led to a jail sentence.