Due process not followed in move to depose Tuanku Muhriz, say former Court of Appeal judge, adat expert

Former Court of Appeal judge, Tan Sri Mohamad Ariff Md Yusof and Universiti Kebangsaan Malaysia's Institute of the Malay World and Civilisation research fellow Dr Faizal Musa say the due process was not followed in the attempt to remove Yang di-Pertuan Besar Negeri Sembilan, Tuanku Muhriz Tuanku Munawir.

KUALA LUMPUR: A former Court of Appeal judge and a Malay customs expert have weighed in on the saga involving the position of the Yang di-Pertuan Besar Negeri Sembilan, with both stressing that the due process to depose Tuanku Muhriz Tuanku Munawir had not been met.

Speaking to Twentytwo13 yesterday, former Court of Appeal judge and Dewan Rakyat Speaker Tan Sri Mohamad Ariff Md Yusof said: “I don’t think it was right, legally, for the four Undang to have issued a proclamation and then to write the letter to the members of the state legislative assembly to remove the Menteri Besar (Datuk Seri Aminuddin Harun).”

“That offends constitutional law, that offends democracy, and offends everything central to our form of government. That is a matter to be dealt with within the confines of the state constitution, not through emotions …”

In Negeri Sembilan, the four Undang represent the main traditional districts (luak) – Sungai Ujong, Jelebu, Johol, and Rembau. The Undang are traditional territorial chiefs who play a central role in electing the Yang di-Pertuan Besar and advising on customary law under the state’s Adat Perpatih.

Controversy arose after the former Undang of Sungai Ujong, Datuk Mubarak Dohak, and three other chieftains, announced on April 19 that they had deposed Tuanku Muhriz. However, it remains unclear whether a “full and complete enquiry” was held, in line with Article 10(1) of the Laws of the Constitution of Negeri Sembilan 1959, or why the Negeri Sembilan ruler had to step down.

Soon after, Aminuddin said the declaration by the Undang was not valid as Mubarak had been sacked. The sacking, reportedly carried out in May last year, was after Mubarak had allegedly committed 33 offences. In return, the chieftains called for the removal of Aminuddin as menteri besar.

Ariff said Aminuddin was correct to state that the declaration by the four chieftains to remove Tuanku Muhriz from the throne is invalid.

“I believe the menteri besar has been properly advised, and his decision is the right one,” Ariff said.

“They (menteris besar) do not simply decide on the spur of the moment. They have advisors—legal advisors, principally from the Attorney-General’s Chambers, and state legal advisors.”

When asked if due process was not followed in the ‘sacking’ of Tuanku Muhriz, Ariff said: “Based on what we have at the moment, yes (it was not adhered to). If they (the Undang) said it (the process) had been adhered to, where’s the evidence? Show us.”

“There’s no argument to say ‘Oh, we decided three years ago’. No. Have you given (Tuanku Muhriz) a full right of hearing? Legality doesn’t work on the basis of you compiling the wrongdoings over a period of time. It doesn’t work that way, not constitutionally, at least.”

Ariff also said he did not view what was happening in Negeri Sembilan as a constitutional crisis, and stressed that the state assembly has to convene.

“Very soon budgets will have to be passed. You cannot have a lacuna (gap) like this. You cannot say adat and forget about the main work of the state.

“Look at what’s happening in Perlis now. It’s an impossible situation. The state assembly is not even sitting. The state machinery must continue. The (Negeri Sembilan) state assembly was opened. The royal address was read. It is all fine, it’s valid.”

The Perlis state assembly, which was supposed to commence on April 21, was postponed. It would have been the first since the political crisis in December 2025, when several Perikatan Nasional assemblymen withdrew support for then-Mentri Besar Mohd Shukri Ramli.

“What is the way forward? I hope good sense prevails,” he said, adding that he doesn’t see the matter in Negeri Sembilan prolonging.

“At the state level, it should be business as usual. And it has to be business as usual. You imagine the havoc … to call for the menteri besar to be removed. Someone puts in a motion of no confidence (against Aminuddin). What if it is accepted? The stable state government becomes unstable for no valid reason.

“I don’t think people should fall into that trap,” Ariff added.

There is no evidence as clear as day

Universiti Kebangsaan Malaysia’s Institute of the Malay World and Civilisation research fellow Dr Faizal Musa said the process to depose Tuanku Muhriz was not adhered to by the chieftains.

“The process was not followed. Reasons were not provided. Tak ada bukti seperti ayam putih terbang siang (there is no evidence as clear as day). The requirements of the state constitution were also not met. If we look at the discussions and debates among the people of Negeri Sembilan, they are confused,” said Faizal, who is also a visiting senior fellow with ISEAS – Yusof Ishak Institute.

“In today’s context, we have technology. The principle of adat lalu di tanah terang (tradition practised in the light of day) means we should have YouTube Live, Facebook Live, or any other platform to witness this process. Did that happen? No.

“And everyone was shocked when the Undang Yang Empat suddenly held a press conference like that. All the people of Negeri Sembilan are in a state of bewilderment,” he told Twentytwo13.

Is politics involved?

There is strong chatter of certain political parties allegedly taking advantage of the ongoing drama in Negeri Sembilan. Aminuddin, a PKR MP for Port Dickson, is being asked to move aside in a state where Umno is the party that holds the most seats in the state assembly – 14.

While Ariff said he has not heard of such talks, he added: “I won’t be surprised.”

“Therein lies the danger … (This) Shouldn’t be allowed. Always rocking the boat. Pull down one guy, push up one guy. Unending, you know. We have to be careful not to disturb the balance because there could be unintended consequences.

“Your focus could be short-term but most times there are other consequences which we cannot foresee,” Ariff added.

Faizal, meanwhile, zoomed into a 1951 incident where Umno Rembau launched a campaign to change the customary laws regarding ancestral property, a most sensitive component within Adat Perpatih.

“I think, with Umno’s history of having taken advantage of the situation in 1951 in Rembau, it is not impossible that political leaders are also taking advantage of this current situation,” said Faizal.

“Rulers must be apolitical and be above politics. But are the chieftains subject to such provisions … that they will not be influenced or cannot become members of a political party? This must be clarified.”

“That is why I say, in the context of modern Malaysia, modern Negeri Sembilan, there needs to be change and reform. If it is not done today, we will face the same problem again and again in the future,” he added.

Main image: Negeri Sembilan State Secretary’s Office