by Mat Zain bin Ibrahim
20 December 2011.
I refer to a report by Themalaysianinsider yesterday (19.12.2011) quoting YBhg Tan Sri Abdul Aziz Mohd Yusof, the EC Chairman, to have said, that there will be no more objection period for candidates in the next GE. The onus to check if a candidate is qualified, is now on the EC. Political parties that object to candidates they deem unqualified to contest which the EC has approved, must take the matter to court now,and not on the very morning of nomination day.
At a glance, the new ruling appears to be a sincere and generous handout from the EC in conjunction with the coming Christmas and New Year celebrations and for free, without the parties concerned having to ask or take to the streets to demand for it.
However at closer scrutiny, I am of the opinion that this is a preemptive move by the EC to thwart any objections against PM Najib’s nomination. For if there were, the Returning Officer (RO) concerned, based on the existing rules and procedures during objection period, would have no choice, but to reject PM Najib’s nomination form and disqualify him from contesting in this coming GE.
Firstly, the rakyat should be made aware that our PM has got himself embroiled in misquoting his own name either when affirming his affidavits on 21st and 23rd Sept 2011 or during the swearing-in ceremony as PM before YDP Agong on 3rd April 2009. Both have serious and far reaching legal implications, in as far as his full name is concerned.This includes but not limited to when he files his nomination papers to contest in the coming GE.
Upon discovery of this ‘embroilment’, I sent a written information to the IGP and extended a copy to the Minister of Home Affairs on 8.11.2011.A couple of case laws were cited to support my arguments.
Again on 8.12.2011, I penned an article specially focused on this matter and again sent copies to the IGP and the Minister.The full text of this article was published by Malaysiakini on 10.12.2011 and few other blogs.This article can still be found in Malaysiakini entitled: “Najib’s name game may cost him GE nomination” dated Dec 10,2011.
For the benefit of some, who may not have the chance to sight the full article, I reproduce few paragraphs, which I consider to be most relevant for a better understanding of the issue in question,as the following:
Malaysiakini, Dec 10,2011.
“Najib’s name game may cost him GE nomination”
by Mat Zain Ibrahim.
“What are the Rakyat’s options then? My view is still, taking to the streets at this juncture is not the option. Some people may get hurt and many would be arrested. You cannot fight fire with fire. What the rakyat can do in the meantime, are to be composed and wait for the nomination day which is just around the corner, amongst them…
“When PM Najib files his nomination papers, most likely in Pekan, he is expected to state his name as Mohd Najib bin Tun Abdul Razak as in previous elections. If he does that this time, then he faces the risks of being disqualified for filing his nomination form, using a name which is not his name. For all intents and purposes, he has formally denounced the name Muhammad as his name, by way of two affidavits.The Returning Officer(RO) shall take the affidavits as evidence to that effect.
“Say this time around PM Najib states his name as Najib bin Tun Abdul Razak, to neutralise the setbacks of the affidavits, still he can be disqualified for not using his full name in the nomination form.
“The recordings of the oath taking ceremony of 3rd April 09 where PM affirmed in the name of Allah before YDP Agong that his full name is MOHD NAJIB can be produced to the RO as evidence.
“So whichever name he chooses, whether Najib or Mohd Najib, it is still contentious, and the RO can disqualify him from contesting, although everybody knows, is unlikely to happen. But God works in mysterious ways they say. It has happened many years before, in one little State up north, where the future MB was disqualified on nomination day and an unknown took the seat uncontested.
“What I am trying to highlight here is that the issue of PM’s name, is not just a minor problem that can be easily fixed. At least one ordinary citizen, a woman, have gone to jail for this. We cannot take this matter lightly, just because this time around the person involved is the Prime Minister. No one is above the law, we are all equals before the law, which our PM is very fond of saying.
“Had he gotten confused with some technical or medical terms or legal jargons, the rakyat can understand. But for a Prime Minister to be confused or forgets his own name, something must be very wrong somewhere and the rakyat ought to be concerned. For that matter, it is incumbent upon the Cabinet members to view this matter with utmost urgency.”
Now, based on the above scenario, if any other person, other than PM Najib, is caught in exactly the same situation, will the RO accept his nomination form or reject it? The other points to consider would be, whether the RO has the powers to reject affidavits which had been tendered, considered and accepted by a High Court and whether the RO has the power to declare a swearing-in ceremony before YDP Agong, as null and void?
If the RO says that he has none of the above powers, then it is mandatory upon him to reject the nomination form and disqualify the candidate from contesting. That would be the most honourable decision.
With regard to this “objection period” , I think this was never an issue before. In fact it has been accepted as part of an election tradition. Some even take it as part of a carnival. Not that we are taking an election process for granted or for fun, but that is normally the most awaited period during nomination day.That’s when voters from the constituency assess the candidates contesting by checking themselves how the aspirants filled the simple nomination form.
They say, if a thing is not broken, why fix it? Unless the EC have some very good excuse but cannot tell. Otherwise they should not deprive the voters of their rights to assess the contestants before making their choice.
Coming back to PM Najib’s position. I am of the opinion that the PM still faces the risks of being disqualified from contesting unless he make amends or corrections to his name. It’s not easy I know, like I wrote in my article, but the PM has no choice.