Najib can't contest GE15 unless pardoned - lawyer

 

Convicted former prime minister Najib Abdul Razak cannot contest in the general election unless he receives a pardon from the Yang di-Pertuan Agong.

Former Bar president Salim Bashir said the delay in disqualifications under Article 48(4) of the Federal Constitution only applies to a sitting member of Parliament.

“(It is) not for purposes of nomination, appointment, or election to either House of Parliament,” Salim said to Malaysiakini, adding that Article 48(5) explicitly states this.

If a candidate were to file for nomination despite the constitutional prohibition, the returning officer can reject that candidate’s nomination paper under Election Regulations 1981, he added.

However, Salim noted that Najib would be able to contest in the elections if he were to receive a pardon from the Agong, also under Article 48 of the Federal Constitution.

Salim’s comments come after Pekan Umno submitted five names, including Najib’s, to contest the Pekan parliamentary seat in the 15th general election (GE15).

The seat is currently held by Najib, but the former Umno president was sent to prison in August to serve his 12-year jail sentence after being convicted on seven counts of criminal breach of trust, money laundering, and abuse of power.

Despite Najib’s conviction, he remained the Pekan MP until the dissolution of Parliament on Oct 10 due to his pending royal pardon application. - Mkini