PUTRAJAYA – The Federal Court has dismissed Datuk Seri Najib Razak’s preliminary objection against the Attorney-General’s (AG) appeal involving an alleged royal decree said to permit the former prime minister to serve the remainder of his prison sentence under house arrest.
A three-judge panel led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim ruled that the seven legal questions raised by the AG were valid and suitable for the court’s review, Bernama reported.
Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah also sat on the bench.
The court has fixed tomorrow to begin hearing the appeal.
The AG was granted leave to appeal on April 28 against a Court of Appeal decision in January which allowed Najib to initiate judicial review proceedings in the High Court.
The review seeks a declaration that an “Addendum Decree” issued by the 16th Yang di-Pertuan Agong in January 2023 allows Najib to serve the remainder of his sentence under house arrest.
The appeal also challenges Najib’s application to introduce new evidence in the form of an affidavit from his son, Datuk Mohd Nizar, which included a copy of the alleged decree.
The affidavit stated that the letter was received from the Sultan of Pahang’s office but could not be used without royal consent.
Justice Hasnah said the first three questions raised by the AG related to the adducing of fresh evidence are new legal issues that require further consideration by the court.
Regarding questions four to six, she said the questions related to the role of the AG, especially in relation to the failure to file a rebuttal affidavit during the leave stage of the judicial review application.
Justice Hasnah said Najib also submitted that questions four to six are an attempt by the AG to sidestep the duty of candour imposed on public authorities/the AG during judicial review proceedings.
“We are concerned whether such a duty can be imposed on the AG at the new stage of the judicial review proceedings. Question seven relates to justiciability, which was addressed by the High Court.
“The issue here is whether the subject matter, the addendum, is a subject matter justiciable to be reviewed by this court. This question is relevant to Article 42 of the Federal Constitution. Hence, it is our considered view that all the questions imposed by the AG were neither academic nor hypothetical in nature.
“We therefore unanimously dismiss the preliminary objection by the respondent,” she said.
Najib, who has been serving his sentence in Kajang Prison since August 23, 2022, filed a royal pardon petition on September 2 that year.
In February 2024, the Pardons Board reduced his sentence from 12 years to six, and his fine from RM210 million to RM50 million.
In his judicial review, Najib named the Home Minister, Attorney-General, Pardons Board, Director-General of Legal Affairs in the Prime Minister’s Department, and the Malaysian Government as respondents.
He is seeking an order to compel them to confirm the existence of the decree and, if it exists, to transfer him to his residence in Kuala Lumpur to serve the rest of his sentence under house arrest. – July 1, 2025