Najib’s bid for house arrest faces legal complexities
Constitutional expert Associate Professor Datuk Dr Wan Ahmad Fauzi Wan Husain said the process involved multiple steps.
SHAH ALAM - Former prime minister Datuk Seri Najib Razak’s journey to possibly serve the remainder of his prison sentence under house arrest remains fraught with legal and constitutional hurdles.
While the Court of Appeal is set to deliberate on Jan 6 on the existence of the royal addendum, a directive that could permit such a transition; legal experts clarified that this alone was insufficient for an immediate change in Najib’s sentencing conditions.
Constitutional expert Associate Professor Datuk Dr Wan Ahmad Fauzi Wan Husain emphasised that the court must first confirm the royal addendum’s legitimacy and its contents.
He said the process involved multiple steps.
"Firstly, the royal addendum must be resubmitted to the meetings of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya for further deliberation.
"Secondly, the Attorney General’s Chambers must present its legal opinions to the board and the Yang di-Pertuan Agong.
"Thirdly, members of the Pardons Board must review the Attorney General’s recommendations before advising the Yang di-Pertuan Agong.
"Finally, the Yang di-Pertuan Agong who chairs the meeting of the Pardons Board, will make a decision. The prerogative powers only take effect once these steps are completed," he said.
The Court of Appeal’s upcoming hearing is related to Najib’s appeal against the High Court's decision rejecting his judicial review and dismissing his motion to present new evidence about the royal addendum.
If the motion was granted by the court, the directive reportedly approved by the 16th Yang di-Pertuan Agong, would enable Najib to serve his remaining sentence under house arrest.
Fauzi also said whether the prerogative powers were limited by Article 40(1A) of the Federal Constitution depended on the deliberations that took place in the Pardons Board meeting.
Najib has been incarcerated at the Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42 million in SRC International Sdn Bhd funds.
He filed a Royal Pardon petition on Sept 2, the same year.
