The government and prime minister apply to dismiss a challenge by five opposition MPs over the Malaysia-US trade agreement signed in 2025.
KUALA LUMPUR: Prime Minister Datuk Seri Anwar Ibrahim and the Government of Malaysia have filed an application to strike out an originating summons brought by five opposition Members of Parliament against them over the Malaysia-United States Agreement on Reciprocal Trade (ART).
Federal counsel Mohammad Sallehuddin Md Ali informed the High Court of the matter during case management before Judge Datuk Azizan Md Arshad.
Meanwhile, P. Waythamoorty, one of the lawyers representing the plaintiffs, told the court that his clients had also filed an application seeking a reference of constitutional questions to the Federal Court in relation to the ART.
The court then fixed Oct 8 to hear both matters.
On Feb 20 this year, the US Supreme Court ruled that President Donald Trump’s use of emergency powers to hit nearly all of America’s trading partners with reciprocal tariffs was unconstitutional.
Upholding a lower court’s findings, the apex court also ruled that Trump overstepped his presidential powers when he used the 1977 International Emergency Economic Powers Act to impose sweeping global tariffs, as well as fentanyl-related duties on goods from China, Canada, and Mexico.
Malaysia and the US signed the ART on Oct 26, 2025.
The five MPs who filed the summons are Datuk Rosol Wahid (Hulu Terengganu), Fathul Huzir Ayob (Gerik), Datuk Awang Solahuddin Hashim (Pendang), Datuk Mas Ermieyati Samsudin (Masjid Tanah) and Datuk Abdul Khalid Abdullah (Rompin).
They are seeking a Federal Court ruling on key constitutional issues regarding the validity of the agreement, which they allege was signed without proper parliamentary approval.
