Najib Abdul Razak’s lawyer Shafee Abdullah has claimed that the High Court ruling rejecting the ex-prime minister’s house arrest bid reduces the powers of the Malay rulers.
This is after the court ruled that an addendum decree by the previous Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, was invalid.
“(This ruling) reduces the power of the Yang di-Pertuan Agong, the Malay rulers, and governors on matters of pardons brought before them.
“We ask that the Malay rulers and the Yang di-Pertuan Agong review the decision, which has a major impact on their powers,” Shafee told reporters at the Kuala Lumpur Court Complex today.
Procedures not followed
In her judgment, judge Alice Loke found that Sultan Abdullah’s supplementary decree was invalid because it did not follow constitutional procedures as per Article 42, requiring that clemency decisions be made in consultation with the Pardons Board.
Loke said that whilst the power of clemency is a royal prerogative, the Federal Constitution has provided for it to be exercised within the framework of the Constitution.
In other words, she said, the king can’t make a pardon decision independent of the board.
Responding to Shafee’s remarks, Umno Youth chief Dr Akmal Saleh moved to fan racial sentiments.
“If we still let this be, what is the use of being Malay Muslim leaders in this homeland?” he said on Facebook.
Separately, Indera Mahkota MP Saifuddin Abdullah said he, as a Pahang native, felt insulted by how Sultan Abdullah’s decree was treated.
He said this was the result of the government “hiding” the addendum for almost a year.
“As a result of this disobedience, the matter had to be brought to court, which led to today’s result,” he said.
The addendum came to light in April 2025. At the time, Home Minister Saifuddin Nasution Ismail denied knowledge of the decree.
It was only in January this year that Prime Minister Anwar Ibrahim confirmed the addendum’s existence, saying it was sent directly to the previous attorney-general, who then forwarded it to the current Agong for action.
‘Shocking’ decision
Shafee said that Najib and the lawyers were shocked by the verdict.
He said that they will file an appeal.
In 2020, Najib was convicted of graft and money laundering in the RM42 million SRC International case.
He was sentenced to 12 years’ jail and a RM210 million fine. The ruling was upheld by the Court of Appeal and the Federal Court.
In January last year, the Federal Territories Pardons Board halved Najib’s jail sentence and reduced his fine to RM50 million.
After the Pardons Board decision, Sultan Abdullah reportedly unilaterally issued the house arrest addendum during his final hours as the king.
Shafee previously claimed that Sultan Abdullah wanted to grant Najib a full pardon, while a document showed the Pardons Board wanted him to serve out his remaining sentence.
With his reduced jail time of six years, Najib’s sentence ends in August 2028. However, he may be released on good behaviour in August next year after serving two-thirds of his revised sentence. - Mkini
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