MACC has legal power to order asset declaration, says lawyer

The Malaysian Anti-Corruption Commission (MACC) possesses the authority to compel individuals under investigation to disclose their assets, according to a criminal lawyer addressing the situation involving former Yayasan Bank Rakyat chairman Nazir Hussin Akhtar Hussin. Nazir recently declined an asset declaration notice from the MACC, sparking debate about the effectiveness of his objection, which was based on his application for an injunction to halt the enforcement of the order.

Nazir is currently under investigation for alleged misappropriation of funds and abuse of power linked to a RM10 million investment made in 2020, with his brother Mubarak Hussin also implicated in the probe. The lawyer questioned Nazir's assertion, emphasizing that the MACC holds the power to request asset disclosure, yet Nazir is attempting to impede the process.

Nazir was summoned to the MACC headquarters on October 14, along with his wife and assistant, to aid in the investigation. The MACC recorded statements from his wife and assistant, while Nazir was served with the asset declaration notice, which he refused to accept. On October 8, Nazir accused the MACC of overstepping its authority during the investigation, including raids on his residence and his brother's home, as well as unprofessional behavior during his seven-day remand.

During those raids, the MACC confiscated 15 luxury cars worth RM31 million, 12 high-powered motorcycles valued at RM5 million, five luxury watches, three bracelets, and approximately RM30,000 in cash. Two personal bank accounts containing around RM2 million were frozen. Nazir claimed to be aware that a previous MACC investigation into the investment had not found any wrongdoing, stating that the RM10 million principal and RM1.85 million in returns had been fully recovered.