Hamid Sultan bin Abu Backer

Hamid Sultan bin Abu Backer; born 28 August 1955) is a retired Malaysian judge, legal academic, and author. He served as a Judge of the Court of Appeal of Malaysia from 2013 to 2021. He gained prominence for his extensive legal publications, significant dissenting judgments in constitutional cases, and for publicly alleging judicial misconduct in high-profile cases through a 2019 affidavit, which led to his suspension in 2021.

Early life and education Hamid Sultan obtained a Bachelor's degree in Economics and a Master of Laws degree with Honours in Insurance, Shipping and Syariah Law from the University of London. He later earned a Doctor of Philosophy (PhD) in Civil Procedure and Justice. He was called to the Bar as a Barrister-at-Law and is a Fellow of the Chartered Institute of Arbitrators (London). The majority ruled 2-1 that civil courts lacked jurisdiction over the conversion, placing it within the sole purview of Syariah courts.

His dissenting position was subsequently vindicated when a five-member Federal Court of Malaysia bench unanimously upheld his reasoning in early 2018, ruling that the consent of both spouses was required to convert a minor to Islam. While the majority upheld their conviction, Justice Hamid Sultan argued in his dissent that Section 27 of the Police Act, which criminalised assembly without a police permit, was unconstitutional. This case was later highlighted in his 2019 affidavit as an example of alleged judicial interference. His published works include:

Janab's Key to Company Law (with commentary on Companies Act 2016 and Limited Liability Partnership Act 2012) Janab's Key to Construction Law, Adjudication, Mediation, Domestic and International Arbitration (with commentary on CIPPA 2012 and Arbitration Act 2005) Textbooks on Constitutional Law, Judicial Review, Civil Procedure, Criminal Procedure, Evidence, Conveyancing, Islamic Banking, and Legal Remedies

The Speaker of the Dewan Rakyat, Datuk Mohamad Ariff Md Yusoff, accepted a collection of Hamid Sultan's books for Parliament's library, noting the importance of local authors contributing academic works to support legislative research. He stated that it was his public duty under his constitutional oath of office to expose such conduct in the best interest of the judiciary. The lawsuit sought to declare that the Chief Justice had failed to defend the integrity of the judiciary regarding alleged interference in Karpal Singh's sedition appeal and the M. Indira Gandhi case. The existence of a senior judge, referred to as "ARLC" (Antagonist of Rule of Law and Constitution), who acted tyrannically and interfered in other judges' decisions, blocking career progression and promotions of judges who made decisions contrary to his instructions The Malaysian Bar president at the time, George Varughese, supported the call for an RCI. In February 2019, a Parliamentary Caucus on Reform and Governance, chaired by Datuk Seri Anwar Ibrahim, agreed to recommend the RCI's formation to the Cabinet.

However, the RCI's formation was delayed. In June 2019, the government stated the RCI could not be convened because it was facing a legal challenge from former Sabah Chief Minister Datuk Seri Yong Teck Lee, who had filed a suit challenging the RCI's constitutionality. The commission was never formally established, particularly after the change in government in early 2020.

Suspension by Judges' Ethics Committee In 2020, the Judges' Ethics Committee (JEC) began inquiry proceedings against Justice Hamid Sultan based on two complaints: his judgment in the case Public Prosecutor v. Aluma Mark Chinonso & Anor and his 2019 affidavit.

Justice Hamid Sultan filed a judicial review to challenge the JEC's decision to hold the inquiry in private, arguing that a closed-door proceeding violated judicial independence and the Federal Constitution. The High Court of Malaya dismissed his application.

On 5 February 2021, the JEC, chaired by Chief Justice Tun Tengku Maimun Tuan Mat, found that the complaints against him "have been proven." The committee suspended Justice Hamid Sultan from office from 4 February 2021 until 27 August 2021, making him the first judge to be punished under the Judges' Ethics Committee Act 2010. The suspension covered the remaining tenure of his judicial service until his mandatory retirement.

Retirement Hamid Sultan reached the mandatory retirement age of 66 on 27 August 2021. In a statement on his retirement day, he affirmed: "I stood up to my oath of office, notwithstanding many challenges I had to endure."

Post-retirement career After retirement, Hamid Sultan continues his work in legal education and alternative dispute resolution. He is associated with Affordable Arbitration and ADR Chambers LLP and maintains his academic appointments at various universities. He has spoken at international conferences, including presentations on arbitration clauses in Islamic finance facilities at Hamad Bin Khalifa University in Doha, Qatar.

Contributions to legal reform Hamid Sultan developed the concept of University cum Court Annexed Arbitration (UCAA), a scheme proposing that courts offer arbitration as an alternative dispute resolution mechanism to litigants. The concept has been described as innovative and, if implemented, would make Malaysia among the first countries to pioneer such a scheme.