Malaysia’s Court of Appeal in Putrajaya ruled on Monday that emergency proclamations issued by the Yang di-Pertuan Agong cannot be challenged in court. [1, 2]
The court said Article 150(8) of the Federal Constitution makes the king’s decision on emergency proclamations final and conclusive, with no room for judicial review. It also reaffirmed that judges cannot exercise judicial power over national security matters tied to emergency powers. [2]
The case centred on lawyer Syed Iskandar Syed Jaafar’s bid to challenge the refusal by the then Yang di-Pertuan Agong to declare a state of emergency in October 2020. The court dismissed that challenge. [2]
In February 2025, Chief Justice Tun Wan Ahmad Farid Wan Salleh had already ruled that Syed Iskandar’s application was not justiciable. [2]
Federal Court judge Datuk Collin Lawrence Sequerah said, "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." [2]
The ruling leaves the February 2025 finding in place and closes off the court challenge to the emergency proclamation refusal. [2]
