Najib would file an appeal.
Tan Sri Muhammad Shafee Abdullah has criticised the High Court’s decision to reject Datuk Seri Najib Razak’s house arrest bid, claiming it undermines the constitutional powers of the Yang di-Pertuan Agong, Malay rulers, and state governors.
Speaking to reporters at the Kuala Lumpur Court Complex, Shafee said the ruling effectively limits the royal prerogative of mercy to decisions made strictly within the confines of the Pardons Board. “Today’s decision has taken away the fullest prerogative of mercy of not only the YDPA, but the Malay rulers and governors,” he said.
The court had ruled that the supplementary decree issued by the 16th Agong, Sultan Abdullah Sultan Ahmad Shah, allowing Najib to serve his sentence under house arrest, was invalid. Justice Datuk Loke Yee Ching found that the decree did not comply with Article 42 of the Federal Constitution, which requires that clemency decisions be made in consultation with the Pardons Board.
While acknowledging that the power of clemency is a royal prerogative, the judge stressed that it must be exercised within constitutional limits. “The king can’t make a pardon decision independent of the board,” she said.
Shafee disagreed with this interpretation, arguing that it dilutes the discretionary powers historically enjoyed by the monarchy. “The decision allows the powers of the YDPA to be diluted because he needs to make his decision within the confines of the Pardons Board, which we think is completely untrue,” he said. He added that the ruling could set a precedent for other convicted individuals to challenge the Pardons Board process in court.
Shafee said Najib and his legal team were shocked by the verdict and would file an appeal. He also urged the Malay rulers, the YDPA, and governors to scrutinise the ruling, warning of its broader implications. “We ask that the Malay rulers and the Yang di-Pertuan Agong review the decision, which has a major impact on their powers,” he said.
The house arrest addendum, reportedly issued by Sultan Abdullah during his final hours as king, only came to light in April 2025. At the time, Home Minister Datuk Seri Saifuddin Nasution Ismail denied knowledge of the decree. Prime Minister Datuk Seri Anwar Ibrahim later confirmed its existence in January this year, stating it had been sent directly to the former attorney-general and forwarded to the current Agong.
Responding to the court’s decision, Umno Youth chief Dr Akmal Saleh posted on Facebook, “If we still let this be, what is the use of being Malay Muslim leaders in this homeland?”
Indera Mahkota MP Datuk Seri Saifuddin Abdullah, a Pahang native, said he felt insulted by how Sultan Abdullah’s decree was handled. He blamed the government for “hiding” the addendum for nearly a year, which he said forced the matter into the courts.
Najib was convicted in 2020 for corruption and money laundering involving RM42 million from SRC International. He was sentenced to 12 years in prison and fined RM210 million. The sentence was upheld by the Court of Appeal and the Federal Court. In January 2024, the Federal Territories Pardons Board halved his sentence to six years and reduced the fine to RM50 million. Najib is currently serving his sentence at Kajang Prison and may be eligible for release on good behaviour in August 2026.
Earlier report:
Dec 22, High Court rejects Najib’s house arrest bid