Federal Court Sends Muhyiddin’s Sedition Case to High Court for Trial

PUTRAJAYA: The Federal Court has remitted former Prime Minister Tan Sri Muhyiddin Yassin’s sedition case to the High Court for trial, preserving the right of both prosecution and defense to appeal future decisions.

Court of Appeal President Datuk Seri Abu Bakar Jais, who chaired a five-member bench, explained that the defense may still raise four legal questions concerning the Sedition Act during the trial. At this stage, the Federal Court declined to decide on these legal questions.

“The question is what is better for the accused. Should the High Court be allowed to determine these questions without being bound by the Federal Court’s ruling? This approach preserves avenues of appeal for both sides,” Justice Abu Bakar said.

The decision followed submissions from Muhyiddin’s counsel, Datuk Amer Hamzah Arshad, who noted that there were “live issues” that could be addressed at the High Court. The defense, therefore, agreed for the case to proceed there for hearing and decision.

Other judges on the bench were Chief Judge of Malaya Datuk Seri Hashim Hamzah and Federal Court judges Datuk Rhodzariah Bujang, Datuk Lee Swee Seng, and Datuk Mohd Nazlan Mohd Ghazali.

The case relates to alleged seditious remarks made by Muhyiddin during the Nenggiri by-election campaign at Dewan Semai Bakti Felda Perasu between 10.30pm and 11.50pm on Aug 14, 2024. He allegedly claimed that he was not invited by the Yang di-Pertuan Agong to be sworn in as prime minister after the 15th General Election, despite reportedly having the support of 115 of 222 MPs at the time.

Muhyiddin, 78, is charged under Section 4(1)(b) of the Sedition Act 1948, which carries a penalty of a fine up to RM5,000, or imprisonment for up to three years, or both. He had earlier pleaded not guilty at the High Court on Feb 4, 2025.

The case was initially heard at the Gua Musang Sessions Court in Kelantan in August 2024 before being transferred to the High Court. The High Court had in turn referred questions of law to the Federal Court on Aug 28, 2024.

Case management at the High Court has been scheduled for tomorrow. Representing Muhyiddin are lawyers Rosli Dahlan, Chetan Jethwani, Joshua Tay H’ng Foong, Lee Yee Woei, and Tan Jia Yearn. Deputy Public Prosecutors Saiful Hazmi Mohd Saad, Datuk Ahmad Sazali Omar, and Nadia Mohd Izhar appear for the prosecution.