PUTRAJAYA, April 18 — Sacked Umno leader Anina Saadudin is now seeking the Court of Appeal’s permission to challenge the constitutionality of Section 18C of the Societies Act in her civil suit against party leaders.
Anina's lawyer Haniff Khatri Abdulla sought leave today to amend her statement of claim to include the constitutional challenge, if the appeal is allowed.
"The High Court should have adjourned and allow us to file an amended statement of claim to challenge 18C," Haniff told reporters after today's hearing.
"They have applied the wrong law," he added, referring to the previous High Court ruling against Anina.
The appellate court will decide on Thursday whether or not to allow the appeal, following the decision by the High Court last December to strike out Anina's wrongful termination suit against Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor and executive secretary Datuk Ab Rauf Yusoh.
The decision by Judicial Commissioner S Nantha Balan at the High Court previously stated that the court has no jurisdiction to decide on the suit as Section 18C of the Societies Act states that a decision made within a political party cannot be challenged, including in courts.
However, Tengku Adnan and Rauf's lawyer Datuk Hafarizam Harun argued that Anina should apply for a constitutional challenge directly with the Federal Court instead of seeking to amend the statement of claim at the Court of Appeal.
Anina, a former Langkawi Umno Wanita division chief, previously sued Umno president Datuk Seri Najib Razak and Ab Rauf for RM2.6 billion over political donations received from a Middle Eastern donor.
That suit however was also struck out by the High Court on the basis that Anina did not have legal standing that file the suit against the party president.
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