SHAH ALAM - The opportunity for former Prime Minister Datuk Seri Najib Razak to contest in the 16th General Election (GE16) which is expected to take place in 2027 is impossible if he does not get a full pardon from the Yang di-Pertuan Agong.
International Islamic University Malaysia (IIUM) legal and constitutional expert Associate Professor Dr Khairil Azmin Mokhtar said this was because any individual who was convicted and sentenced to prison was only allowed to contest elections five years from the end of the sentence.
He said it was enshrined in the Federal Constitution under the provision of article 48 (1) (e) read together with 48 (3) regarding disqualification to be a Member of Parliament (MP).
"Under article 48 (3) it also says that if a person gets a full pardon or free pardon from the Yang di-Pertuan Agong, then he can compete even if it does not reach five years (from the date of release).
"For Datuk Seri Najib's case, he did not receive a pardon where all his cases were removed but (only) reduced. This means that he is still a prisoner and still serving his sentence, so, for now, he cannot be an MP or contest in the election.
"If the status quo (pardon board decision) is followed, Datuk Seri Najib will serve a prison sentence until 2028. So if GE16 takes place in 2027-2028, there is no chance for him to contest if he is found guilty or does not get a full pardon," he told Sinar.
He said this when asked to comment on the former Pekan MP’s chance to contest in GE16 following calls from supporters who wanted him to contest and become Prime Minister again.
The latest development follows the announcement of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya to reduce the prison sentence and fine against Najib during its 61st meeting on Jan 29.
Najib, 70, has been serving his sentence in Kajang Prison since Aug 23, 2022 after being convicted of misappropriating RM42 million in SRC International funds, and has filed a petition for a royal pardon on Sept 2, 2022.
The former Umno President would be 78 years old based on the release period in 2028.
Meanwhile, lawyer Haniff Khatri Abdulla did not rule out the possibility that Najib could be released earlier, which is in August 2025, if he makes an application to the Parole Board under Section 46E of the Prison Act.
He said, based on the act, any prisoner who has served 50 percent of his prison sentence could apply to serve his sentence at any residential address according to the board's conditions.
"So, don't be surprised when in 2025 there will be an announcement from the Parole Board that Najib will be released to serve the rest of his sentence at home," he said.