Amanah Youth today submitted a memorandum to the Yang di-Pertuan Agong, urging the ruler to instruct Prime Minister Najib Abdul Razak to resign over the 1MDB issue.This is pending the lawsuits filed by the United States Department of Justice (DOJ) to seize US$1 billion worth of assets allegedly purchased using funds siphoned from 1MDB.
Amanah Youth chief Mohd Sany Hamzan said the Agong can tell Najib to resign, according to Article 39 of the Federal Constitution.
The Article states that the Agong can exercise executive authority in the federation, subject to provisions of the law, but Parliament may confer executive functions on other persons.
Mohd Sany also urged the Agong to appoint a new prime minister, according to Article 40(2)(a) and Article 43(2)(a), which empower the Agong to appoint a prime minister from a member of the Dewan Rakyat who commands majority confidence.
“We believe the Agong plays a crucial role in restoring the country’s image and reviving investor confidence for the sake of Malaysia’s future.
“This will also safeguard the nation’s dignity and integrity for the future of the country and its people.
“The people can only depend on the Agong and Malay rulers to protect our sovereignty, save the nation’s wealth from being further misappropriated and reinstate a fair and democratic administration,” he said in the memorandum.
Mohd Sany also called on the Agong to instruct attorney-general Mohamed Apandi Ali (photo) to review decisions in the cases related to 1MDB.
He said the Agong is empowered to do so under Article 145(2) of the constitution.
Agong can assign legal duties to AG
Article 145(2) says the AG has a duty to advise the Agong and cabinet on legal matters and may, from time to time, be assigned legal duties by the Agong.
Apandi had last January cleared Najib of wrongdoing over the RM2.6 billion found in Najib’s bank account and RM42 million from former 1MDB subsdiary SRC International, which also went to Najib.
Apandi said the RM2.6 billion was a donation from the Saudi royal family, but he did not explain why he cleared Najib on the SRC International issue.
The whereabouts of the bulk of the RM4 billion loan SRC International took from the Retirement Fund Incorporated (KWAP) remains the last jigsaw piece in the 1MDB puzzle.
The transactions Apandi referred to match those detailed in the DOJ lawsuits as funds that flowed to the account belonging to one unnamed ‘Malaysian Official 1’.
Responding to the DOJ lawsuits, Apandi last month said there is no evidence that 1MDB funds were stolen.
PM Najib has urged those named in the lawsuits to clear their names.
Those named are Najib’s step-son Riza Aziz, their family friend and business man Jho Low and two former Abu Dhabi officials.
Last year, the Council of Rulers issued a decree instructing the government to resolve the 1MDB issue.