# Federal Court allows Zahid, AG to appeal Malaysian Bar’s challenge of DNAA

> Malaysian Federal Court grants Zahid and AG leave to appeal Court of Appeal’s decision on Yayasan Akalbudi corruption case.
- Title: Federal Court allows Zahid, AG to appeal Malaysian Bar’s…
- Summary: Malaysian Federal Court grants Zahid and AG leave to appeal Court of Appeal’s decision on Yayasan Akalbudi corruption case. Federal Court permits Datuk Seri…
- Keywords: federal court, zahid hamidi, attorney-general, malaysian bar, yayasan akalbudi, dnaa, corruption case, judicial review, courts of judicature act 1964, article 145(3) federal constitution, news, world
- Source: Malay Mail — https://malaymail.com/news/malaysia/2026/10/08/federal-court-allows-zahid-ag-to-appeal-malaysian-bars-challenge-of-dnaa-in-yayasan-akalbudi-case/238200
- Published: 2026-10-08T12:43:15+00:00
- Read time: 1 min
- Topics: federal court, zahid hamidi, attorney-general, malaysian bar, yayasan akalbudi, dnaa, corruption case, judicial review, courts of judicature act 1964, article 145(3) federal constitution, news, world
## Federal Court grants appeal leave
Federal Court allows Datuk Seri Dr Ahmad Zahid Hamidi and Attorney-General to appeal Court of Appeal’s decision on Yayasan Akalbudi corruption case.
## Case challenges prosecutorial power
The case raises novel constitutional issues concerning the threshold for judicial review when the Attorney-General’s prosecutorial discretion under Article 145(3) of the Federal Constitution is questioned.
## Two-step threshold test
The High Court applied a two-step threshold for judicial review while the Court of Appeal used a single-leave test for the Attorney-General’s prosecutorial power.
## Legal questions on judicial review
The court allowed four questions of law proposed by Zahid and dismissed one, while both questions proposed by the AG were allowed.
## Key legal questions
One question: whether a two-step threshold must be satisfied before judicial review leave can be granted for challenges to the AG’s prosecutorial power under Article 145(3).
## Second legal question
Another question: whether judicial review remedies apply against the Public Prosecutor’s application during the subsistence of a DNAA order.
## Court of Appeal decision
Court of Appeal granted Malaysian Bar leave to challenge AG’s September 4, 2023 decision to halt proceedings against Zahid.
## High Court DNAA order
High Court granted DNAA after prosecution informed court AGC intended to halt proceedings to scrutinise new evidence.
## Key takeaway

Federal Court permits Datuk Seri Dr Ahmad Zahid Hamidi and Attorney-General to appeal a ruling that allowed Malaysian Bar to challenge discontinuation of Zahid’s corruption case.