Federal Court Fixes Five-Day January Hearing For Petronas And Sarawak O&G Petitions

PUTRAJAYA, Oct 1 – The Federal Court has scheduled a five-day hearing from January 25 to January 29, 2027, to hear high-stakes legal petitions filed by Petroliam Nasional Bhd (Petronas) and the Sarawak Government regarding constitutional authority over oil and gas resources and territorial boundaries.

Federal Court judge Justice Datuk Rhodzariah Bujang issued the directive during a summons for directions proceeding in Putrajaya on Monday, October 19, 2026, confirming that the petitions will be heard in the order they were filed.

Justice Rhodzariah left it to the discretion of the presiding Federal Court panel to determine whether a preliminary constitutional issue raised by the Sarawak Government—concerning the legal validity of the Sarawak (Alteration of Boundaries) Order in Council 1954 (OIC)—should be heard prior to the main petitions.

“The hearing date is fixed from Jan 25 until Jan 29, next year,” Justice Rhodzariah confirmed, directing all legal teams to file primary written submissions by January 11 and reply submissions by January 18, with final case management set for January 12.

Timeline of Petitions, Bench Requests, and Legal Arguments

The upcoming Federal Court hearing represents a landmark legal showdown over federalism, state rights, and energy sector regulation:

• Enlarged Panel Request: Both Petronas and the Sarawak Government confirmed they will jointly write to Chief Justice Tun Tengku Maimun Tuan Mat requesting an expanded panel of either nine or 11 judges to preside over the landmark case.
• Chronology of Filings: Petronas filed its petition under Article 4(4) of the Federal Constitution on January 10, obtaining leave on March 16, while the Sarawak Government filed its petition on February 23.
• Petronas’s Challenge: The national oil company contends that the Sarawak State Legislature lacked competence to enact or amend laws governing matters specified under List 1 (Federal List) of the Ninth Schedule of the Federal Constitution.
• Sarawak’s Constitutional Petition: The Sarawak Government’s petition against the Federal Government and Petronas seeks a declaration that the Petroleum Development Act 1974 (PDA), the Continental Shelf Act 1966, and the Petroleum Mining Act 1966 are unconstitutional and void ab initio in respect of Sarawak.
• Preliminary Issue Disputes: Senior State Counsel Mohd Adzrul Adzlan argued that the validity of the 1954 OIC governing Sarawak’s territorial sea boundaries should be determined first. However, Petronas lead counsel Datuk Dr Cyrus Das and Senior Federal Counsel Ahmad Hanir Hambaly, representing the Federal Government, argued that the OIC matter should be addressed within the main petition hearing.

The state government will file a formal application under Rule 23 of the Rules of the Federal Court 1995 within 14 days regarding its preliminary point of law.

–NMT