Apex court upholds ruling against Kedah govt’s pool betting, lottery ban

The Federal Court has upheld a ruling against the Kedah government's decision to refuse renewing licences for pool betting and lottery operators. Justice Rhodzariah Bujang-led panel determined that the legal questions raised by the state government did not warrant a court decision. The inquiry focused on whether the courts could assess the legality of the state government's choice and its powers under the Federal Constitution.

The court ordered the Kedah government to pay RM50,000 in costs. In 2022, the Court of Appeal ruled that the state government's refusal to renew the operators' licences was unconstitutional, stating that issues related to pool betting and lotteries fall under the jurisdiction of the Finance Ministry. The Kedah government's refusal to issue and renew business licences was merely a reflection of its policy objection to betting and lotteries, rather than an issue concerning the premises themselves.

Chief Justice of Sabah and Sarawak, Azizah Nawawi, dissented, maintaining that the Kedah executive council's decision was within its legal scope under the Local Government Act, and the courts should not interfere. The state government's legal team was represented by Azhar Harun, while the pool betting agents, companies, and officers were represented by Brian Foong, Hiqmar Danial Hidzir, and Eolanda Yeo.