KUCHING, Jan 14 2026: Sarawak human rights activist Peter John Jaban has called on the Malaysian Anti-Corruption Commission (MACC) to immediately revive and independently re-investigate the Yayasan Akalbudi case involving Deputy Prime Minister Ahmad Zahid Hamidi, following the Attorney-General’s Chambers’ (AGC) decision to take “No Further Action” (NFA) despite a clear judicial finding that the case warranted a full trial.
Peter John Jaban: Anything less is a denial of justice
He noted that the High Court had already ruled that the prosecution had established a prima facie case and that Ahmad Zahid was required to enter his defence.
“In any functioning justice system, a prima facie ruling is not the end of the process; rather, it is the beginning of accountability.
“Once the court has determined that sufficient evidence exists, the trial must be allowed to run its full course, ending either in conviction or acquittal after the evidence is tested in open court.
“Anything less is a denial of justice,” Peter stressed.
He recalled that on Sept 4, 2023. the Kuala Lumpur High Court granted Zahid Hamidi a discharge not amounting to Acquittal (DNAA) on all 47 charges in the Yayasan Akalbudi trial after the prosecution declined to continue the case at that stage.
He also noted that on January 8. 2026 the AGC formally announced a NFA decision on Ahmad Zahid’s Yayasan Akalbudi case, closing the prosecution of all 47 charges and stating that no further action will be taken due to insufficient evidence after further review and investigation.
Peter stressed that Zahid Hamidi was not cleared because the evidence collapsed or failed, but because the prosecution was halted before the court could determine guilt or innocence.
“This was not an acquittal on merit,” he said. “It was an administrative decision that shielded a powerful individual from full judicial scrutiny.
“The public is now being asked to accept an outcome without truth, transparency, or closure.”
Peter contrasted this outcome with the conviction of former Prime Minister Najib Razak, which demonstrated that accountability is possible when institutions are allowed to function independently and without interference.
“That same standard must apply to Zahid Hamidi,” he said. “Justice cannot be selective.”
Under Article 8 of the Federal Constitution, all persons are equal before the law and entitled to equal protection.
According to Peter, that constitutional guarantee becomes meaningless when prosecutions are pursued to their conclusion for some, while others are abruptly halted despite clear judicial findings.
“When one accused is compelled to answer fully before the courts while another is shielded from a final verdict despite sufficient evidence, it sends a dangerous message that justice in Malaysia is negotiable,” Peter said. “This is not equality before the law.
"This is selective justice or double standard"
He stressed that this outcome is grossly unfair not only to Najib Razak, but to all individuals who were required to face the full judicial process and were ultimately convicted.
Peter added that such selective treatment undermines public confidence in the justice system and erodes trust in prosecutorial and enforcement institutions.
He further pointed out that although the Malaysian Bar previously sought judicial review of the AGC’s decision to grant Zahid a DNAA, the challenge was dismissed solely on procedural grounds, without any judicial examination of whether the decision itself was lawful, reasonable, or made in the public interest.
“The substance of the decision has never been tested in court,” Peter said.
“That unresolved issue continues to haunt this case and fuel public distrust.”
Against this backdrop, Peter stressed that MACC cannot hide behind prosecutorial decisions.
He added under Section 7 of the MACC Act 2009, MACC has an independent statutory duty to investigate corruption, abuse of power, and offences involving public office.
That duty, he said, does not disappear simply because a prosecution is paused, discontinued, or politically inconvenient.
“When allegations involve a sitting Deputy Prime Minister, public funds, and abuse of power, MACC has both a legal and moral obligation to act,” Peter said. “Silence is not neutrality. Silence is complicity.”
Peter warned that the growing perception of double standards in the handling of Zahid Hamidi’s case poses a grave threat to public confidence in Malaysia’s institutions and to the rule of law itself.
“Najib’s conviction showed that justice is possible in this country,” he said. “But justice loses its meaning when it is applied unevenly. The rule of law cannot survive selective enforcement.”
“For Malaysia to remain a constitutional democracy governed by law,” Peter concluded, “every case regardless of political rank or power must be investigated fully and fearlessly.
“ MACC must act now. Justice must be equal, transparent, and uncompromising, or it is not justice at all,” he called.
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