DR Mahathir Mohamad has filed a review application for the Federal Court to hear and decide the matter of whether former prime minister Najib Razak is considered a public officer in a suit filed in 2017.

Chief Justice Richard Malanjum will lead a seven-man panel to hear the application on April 23, the same day as an appeal by Damansara MP Tony Pua over a similar issue.

The prime minister’s application was filed jointly with former Umno leader Khairuddin Abu Hassan. Both filed a misfeasance in public office suit in 2017 against Najib for his role in the 1Malaysia Development Bhd scandal.

The suit was thrown out after high court judge Abu Bakar Jais ruled that Najib was not a public officer. The decision was upheld by the Court of Appeal, and later, by former chief justice Md Raus Sharif at the apex court.

Dr Mahathir and Khairuddin, as well as former Langkawi Wanita Umno member Anina Saadudin, sued Najib on March 23, 2016, accusing him of having committed misfeasance in public office and acting in breach of his fiduciary duty over the management of 1MDB.

On April 28, 2017, the high court allowed Najib’s application to strike out the suit, ruling that the then prime minister was not a public officer, but a member of the administration.

On August 30 the same year, the appellate court dismissed an appeal brought by Dr Mahathir, Khairuddin and Anina.

On February 27 last year, a three-man Federal Court bench led by Raus dismissed Dr Mahathir and Khairuddin’s applications for leave to appeal.

On November 5 last year, the apex court granted Pua leave to appeal over his tort of misfeasance suit against Najib and the government, which was struck out by the high court. – February 13, 2019.