Ilham tower seizure: Na’imah hauls MACC to court, again

• In her supporting affidavit, Na’imah, among others, claimed that MACC’s second attempt to seize the tower—worth between RM1 billion and RM1.5 billion—was an abuse of process and power.

KUALA LUMPUR (July 23): The late Tun Daim Zainuddin’s widow has once again hauled Malaysian Anti-Corruption Commission (MACC) to court, this time challenging the latest seizure of Ilham Tower.

The leave (permission) application came up before High Court judge Datuk Amarjeet Singh Serjit Singh on Wednesday. However, senior federal counsel Nurhafizza Azizan informed the court that the Attorney General’s Chambers (AGC) will be objecting to the leave application.

The court then set Sept 18 to hear both the AGC’s objection and the leave application. Datuk Dr Gurdial Singh Nijar and Abraham Au appeared for Toh Puan Na’imah Abdul Khalid.

An application seeking leave (permission) to commence legal action against the seizure was filed on June 23 last month.

In her supporting affidavit, Na’imah, among others, claimed that MACC’s second attempt to seize the tower—worth between RM1 billion and RM1.5 billion—was an abuse of process and power.

Ilham Tower was first seized by the authorities in December 2023. By law, the seized property can be held by the authority for about 18 months, while investigations are ongoing.

However, Na’imah said that the 18-month period of the first seizure expired on June 17 this year, and the second seizure was a way for the MACC “to wrongfully circumvent” the law.

“Section 41(1) MACC Act provides that any property seized under the Act may be held for a period not exceeding 18 months from the date of seizure. Within this statutory period, if the (public prosecutor) is satisfied that the property in question was obtained as a result of, or in connection with an offence under the MACC Act, (he) may initiate proceedings for the forfeiture of the said property.

“In the present case, no such forfeiture proceedings have been initiated in respect of Ilham Tower, despite the lapse of a substantial period of time since the issuance of the 1st Notice of Seizure on Dec 18, 2023.

“The absence of any action to forfeit the property within the timeframe provided under Section 41(1), suggests a lack of prosecutorial satisfaction or otherwise that there is evidence that links Ilham Tower to any offence under the MACC Act,” she said.

Among others, she is seeking a court order to declare that the notice of seizure on June 4, 2025, is null and void, and for it to be quashed.

They also want a court order to revoke the said notice, and for the respondents to pay damages.

In this case, Ilham Tower was named as the applicant, while MACC investigating officer (IO) Mohd Razi Rahhim, deputy public prosecutor Datuk Ahmad Akram, MACC chief Tan Sri Azam Baki, the Malaysian Anti-Corruption Commission (MACC), the public prosecutor, Prime Minister Datuk Seri Anwar Ibrahim, and the government were named as the respondents.

MACC has said that the property is linked to money laundering under Section 4(1) of the Anti-Money Laundering Act, and that the second  seizure was done under Section 51(1) of the same Act, which allows the takeover of a building that is suspected of having been obtained through illegal means.

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