Malaysia’s Top Court to Decide on AGC’s Appeal Against Judicial Review Bid
Malaysia’s Federal Court has rejected former Prime Minister Najib Razak’s attempt to block the Attorney-General’s Chambers (AGC) from appealing against his bid for house arrest. The ruling, delivered on Monday (Mar 24), clears the way for a legal showdown over the legitimacy of a royal addendum order allegedly granting Najib the right to serve his remaining sentence at home.
A three-judge panel, chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim, dismissed Najib’s preliminary objection after hearing arguments from Attorney-General Dusuki Mokhtar and lead defence lawyer Muhammad Shafee Abdullah.
Najib, currently serving a reduced six-year sentence for corruption linked to the 1Malaysia Development Berhad (1MDB) scandal, was present at the hearing. The court has now set Apr 28 to decide whether the AGC can proceed with its appeal against the Court of Appeal’s January ruling, which had allowed Najib to seek a judicial review.
Najib was convicted in 2020 for abuse of power and criminal breach of trust, initially receiving a 12-year jail term and a fine of RM210 million (US$47.4 million). However, in one of his final acts before stepping down in January 2024, former King Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah reduced the sentence and fine. Najib later claimed that a royal decree issued on Jan 29, 2024, permitted him to serve the rest of his sentence under house arrest.
His request for a judicial review was first rejected by the High Court in July 2024. However, on Jan 6 this year, in a 2-1 majority decision, the Court of Appeal overturned that ruling, prompting the AGC to seek an appeal to prevent the judicial review from proceeding.
During Monday’s hearing, Attorney-General Dusuki raised seven legal questions under Section 96 of the Courts of Judicature Act, arguing that the issue was “non-justiciable” and that the courts had no jurisdiction over the royal pardon process. He further contended that the AGC was not required to provide the alleged addendum order as evidence.
In response, Najib’s defence maintained that they were not challenging the Pardons Board’s decision but instead upholding the former king’s authority in issuing the decree. Shafee insisted that the AGC should furnish proof of the addendum order.
If the Federal Court grants the AGC’s request, the appeal will proceed, potentially reversing the Court of Appeal’s decision. If rejected, Najib’s case will continue at the High Court as planned.
Amid ongoing political debate, former King Sultan Abdullah previously urged all parties to refrain from discussing the matter publicly, citing respect for the legal process.
