The Federal Court today unanimously allowed the attorney general (AG) to proceed with his appeal against former prime minister Datuk Seri Najib Razak’s bid to serve the rest of his jail term under house arrest instead of at Kajang Prison.
Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim, who led the three-judge panel, delivered the decision in the AG’s favour. This clears the way for the Federal Court to hear the AG’s arguments on why Najib’s court bid should not continue.
The other judges were Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah. AG Datuk Mohd Dusuki Mokhtar and Najib, under prison guard and dressed in a suit and tie, were present.
Najib has been serving a 12-year sentence since August 2022, reduced to six years by the Pardons Board in January 2024.
He claims an “addendum” order from the then Yang di-Pertuan Agong allows him to serve the rest of his sentence under house arrest, and filed a judicial review in April 2024 to confirm and enforce it.
The High Court denied him permission to proceed last July, but the Court of Appeal granted him leave in a 2-1 decision this January, sending the case back for hearing.
Today’s decision enables the AG to appeal against the Court of Appeal’s ruling. The outcome will determine whether Najib’s house arrest challenge can proceed.