Additional Order of the King, Former Malaysian Prime Minister Najib Razak Failed to Carry Out House Arrest

JAKARTA - The Malaysian High Court has ruled that former Malaysian Prime Minister Najib Razak cannot undergo house arrest, despite an additional order delivered by the 16th King of Malaysia, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah.

The verdict was read out in a hearing chaired by Judge Alice Loke Yee Ching at the Kuala Lumpur Court, Monday, December 22.

The judge stated that the additional order regarding Najib's house arrest status was invalid because it was not taken in the 2024 Federal Regional Pardon Council meeting which decided to reduce Najib Razak's sentence.

"The additional order was not discussed in the Pardon Council meeting. Therefore, the order is not valid," said Judge Alice Loke Yee Ching, quoted from Antara.

Responding to the verdict, Najib Razak's lawyer, Shafee Abdullah, expressed his surprise and questioned the decision of the panel of judges.

"The judge's decision is very surprising and we question it," said Shafee.

According to Shafee, the order of the King of Malaysia should still be obeyed and carried out because the Malay kings and the Yang di-Pertuan Agong have absolute authority in granting pardons to citizens.

"Today's decision seems to have reduced the authority of the Yang di-Pertuan Agong and the Malay kings," he said.

Shafee said his party would discuss the next legal steps regarding Najib Razak's detention status.

Najib Razak is known to be serving a sentence at Kajang Prison since August 23, 2022 after being found guilty in the case of embezzlement of funds amounting to RM42 million belonging to SRC International Sdn Bhd.

The Malaysian High Court sentenced Najib to 12 years in prison and a fine of RM210 million, which was later upheld by the Court of Appeal and the Federal Court after rejecting an appeal.

On September 2, 2022, Najib applied for a reduction of his sentence and fine to the 16th King of Malaysia. The application was then partially granted through the decision of the Federal Regional Pardon Board in February 2024 by reducing the sentence from 12 years to six years and reducing the fine from RM210 million to RM50 million.

Furthermore, in April 2024, Najib filed a judicial review with a claim that there was an addendum from the 16th Yang di-Pertuan Agong that allowed him to serve the remainder of his sentence in the form of house arrest. However, the claim was rejected by the Malaysian High Court in a hearing on Monday.

With the ruling, Najib Razak is confirmed to remain serving his prison sentence at Kajang Prison until 2028.