PUTRAJAYA: The Court of Appeal has fixed Feb 5 next year to hear Datuk Seri Najib Razak's appeal to reinstate his RM1.9 million lawsuit against former attorney-general (AG) Tan Sri Tommy Thomas for alleged misfeasance in public office.

One of Najib's lawyers, Daniel Annamalai, confirmed the date when contacted by Bernama today.

He said it would be a physical hearing.

Najib's appeal was initially fixed for hearing last week (Oct 4) but did not proceed as Court of Appeal judge Datuk Azizah Nawawi, who chaired a three-member panel, recused herself from hearing the appeal.

She told parties in the appeal that she was minded to recuse herself because her husband was working directly under Thomas when Thomas was the AG.

On Nov 25 last year, the High Court allowed Thomas's application to strike out Najib's suit without the matter going to the full trial.

Najib sued Thomas claiming that he had been wrongly accused in court in the case of 1Malaysia Development Berhad (1MDB), International Petroleum Investment Company (IPIC), abuse of power under the Malaysian Anti-Corruption Commission (MACC) Act 2009 and money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA 2001).

He claimed that the charges against him were part of a move that had been planned in advance by Thomas and it was also in line with the Pakatan Harapan government's plan at the time.

Thomas was the attorney-general from June 4, 2018, to Feb 28, 2020.

Najib is seeking RM1.9 million in damages and a declaration that Thomas had committed misfeasance in public office, including consultation fees for the audit team to review documentation for preparation of facts to address prosecution against him.

He is also claiming general, exemplary and aggravated damages, interest, costs and other relief deemed appropriate by the court.