The Federal Court has scheduled a hearing for October 8, 2026, to consider two constitutional questions raised by Toh Puan Na’imah Abdul Khalid. She is charged with failing to declare her assets under the Malaysian Anti-Corruption Commission (MACC) Act 2009, including properties such as Menara Ilham in Kuala Lumpur and assets in Penang [1, 2, 3].
Na’imah was formally charged on January 23, 2024, in the Sessions Court. The charge states she failed to comply with a notice to declare assets as required by the MACC Act [1, 2, 3]. She faces a maximum penalty of 5 years’ imprisonment, a fine of RM100,000, or both under Section 36(2) of the MACC Act [1, 2, 3].
The constitutional questions focus on whether Sections 30(5) and 36(2) of the MACC Act violate protections under the Federal Constitution. Specifically, whether these provisions breach the rights against self-incrimination, the presumption of innocence, the right to remain silent, and fair trial rights outlined in Articles 5 and 8 [1, 2, 3]. The questions also examine if the provisions meet the three-stage proportionality test under Article 8 of the Constitution [1, 2, 3].
Na’imah applied to have these legal questions referred to the High Court on February 29, 2024 [1, 2, 3]. On March 4, 2024, the High Court allowed the referral of these constitutional issues to the Federal Court. There is a discrepancy in sources about the name of the High Court judge: some report Datuk Mohd Arief Emran Arifin [1, 2], while others state Datuk Mohd Ariff Abdullah [3].
Counsel for Na’imah requested the court to set the next hearing date so all parties are informed of legal progress and asked that Na’imah be excused from physically appearing in court [3].
The Sessions Court has set October 15, 2026, for a case management session to receive updates on the Federal Court’s decision and the status of the constitutional questions [1, 2, 3].
