The Putrajaya Court of Appeal unanimously dismissed a challenge against the non-declaration of a state of emergency, ruling that emergency proclamations issued by the Yang di-Pertuan Agong cannot be questioned in any court [1]. The court affirmed that the King’s decision on whether a grave emergency exists is final and conclusive under Article 150(8) of the Federal Constitution [1].
Federal Court judge Datuk Collin Lawrence Sequerah explained that "it is for the executive to advise the King whether the circumstances exist for such a declaration to be made. The court cannot exercise its judicial power on national security" [1]. The court emphasized that it has no jurisdiction to review national security matters, including emergency proclamations [1].
The ruling dismissed lawyer Syed Iskandar Syed Jaafar’s bid to challenge the refusal by then Yang di-Pertuan Agong Al-Sultan Abdullah Sultan Ahmad Shah to declare a state of emergency in October 2020 [1]. Earlier, on February 15, 2024, High Court judge Wan Ahmad Farid Wan Salleh had ruled that Syed Iskandar’s application was not justiciable [1].
The Court of Appeal’s decision on May 4, 2026, reaffirmed that courts cannot review the King’s emergency proclamations, effectively closing the avenue for judicial scrutiny of such executive decisions [1].
