Lawyers Challenge 2024 Pardon of Former Prime Minister Najib in Court
The Bar Council has filed a legal challenge to the conditional pardon granted to Najib, seeking to overturn the 2024 decision.
Following a recent conditional pardon for Najib, the Bar Council lodged an appeal with the Court of Appeal, aiming to cancel the 2024 decision and declare it unconstitutional. Council lawyer Rajpal Singh Ghai noted that the court had previously informed the parties of a January hearing date. The council maintains that the monarch's pardon must be subject to judicial scrutiny, citing constitutional provisions that limit absolute royal discretion.
Government counsel Ahmad Hanir Hambaly countered that the issue concerns the Yang di-Pertuan Agong's prerogative under Article 42, which is exempt from court review. Najib's own lawyer, Shafee Abdullah, emphasized that the final authority on the pardon rests with the monarch, while the council of judges only offers advice. The Court of Appeal's upcoming ruling will determine whether the Bar Council can proceed with its substantive challenge.
Why it matters
The case could define the limits of royal pardon powers and judicial oversight in Malaysia.
How this story developed
- Sep 18 Anwar says Najib's house-arrest pardon won’t soften anti-corruption stance
- Sep 18 The king authorized a change to Najib's imprisonment terms.
- Sep 18 Sultan Ibrahim granted a conditional pardon that places Najib under house arrest for the remainder of his term.
- Sep 19 Home Ministry said it has not yet received the formal written notification of the conditional pardon.
- Sep 20 The fine associated with the pardon was reduced to RM50 million from an original RM210 million.
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