KUALA LUMPUR – Former Attorney-General Tan Sri Mohamed Apandi Ali has questioned what he described as the inconsistent stance taken by current Attorney-General Tan Sri Mohd Dusuki Mokhtar over the Conditional Pardon Order granted to Datuk Seri Najib Razak, calling the situation “preposterous”.
Apandi, who served as Attorney-General during Najib’s tenure as prime minister, said he concurred with the decree issued by the Yang di-Pertuan Agong, adding that there was no ambiguity in the Pardons Board’s decision.
He described the decision as being “clear as daylight” and said it should be implemented without exception.
Citing Article 42(9) of the Federal Constitution, Apandi pointed out that the provision requires a Pardons Board to consider any written opinion submitted by the Attorney-General before tendering its advice on a matter.
“Furthermore, under Article 42(9) of the Federal Constitution, it clearly states that ‘before tendering their advice on any matter a Pardons Board shall consider any written opinion which the Attorney-General may have delivered thereon’.
“Surely the opinion of the AG for purposes of the pardon must have been in favour of the pardons. So why is the AG being fickle about the pardon? It is a preposterous situation,” he said in a statement.
Apandi served as Attorney-General from 2015 to 2018, having previously been a Federal Court judge from 2003 to 2015. He also practised as a lawyer.
Earlier, the Yang di-Pertuan Agong Sultan Ibrahim decreed that the Conditional Pardon Order granted to Najib, which allows the former prime minister to serve the remainder of his prison sentence under house arrest, must be respected in accordance with the principles of constitutional monarchy and the rule of law.
His Majesty said the decision, granted under the royal prerogative of pardon pursuant to Article 42 of the Federal Constitution, must be implemented as decided to prevent prolonged confusion and uncertainty.
Meanwhile, the Attorney-General’s Chambers (AGC) stressed that it was not challenging, setting aside or seeking to suspend the Conditional Pardon Order granted by the Yang di-Pertuan Agong.
In a statement issued today, the AGC also rejected suggestions that seeking legal clarification amounted to an attempt to assume or exercise His Majesty’s prerogative of pardon.
The AGC said the power of pardon and the courts’ authority to interpret and determine the legal effect of an order were two distinct matters.
It added that seeking a court ruling on how an order should be implemented did not amount to questioning the authority of the person who issued it.
Najib was reported to have settled the RM50 million fine imposed on him in the SRC International Sdn Bhd funds misappropriation case at the High Court Criminal Registry Office yesterday.
The payment was among the conditions attached to the conditional pardon granted by the Yang di-Pertuan Agong on Sept 18, which allows Najib to serve the remainder of his prison sentence under house arrest until Aug 23, 2028.
Najib, 73, has been serving his sentence at Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42 million in SRC International funds. – November 7, 2026