The Federal Court has rejected the Attorney General’s appeal to stop former Prime Minister Datuk Seri Najib Razak from starting judicial review proceedings. This means Najib can move forward with his case to compel the government and six other parties to confirm the existence of an Addendum Order related to his sentence.

The decision was unanimous, made by a three-judge panel led by the Chief Judge of Malaya, Tan Sri Hasnah Mohammed Hashim, alongside judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.

Federal court sides with former prime minister, Najib, rejects Attorney General’s Appeal.
Federal court sides with former prime minister, Najib, rejects Attorney General’s Appeal.
Image credits: Sinar Daily

Back in January, the Court of Appeal allowed Najib to initiate the judicial review at the Kuala Lumpur High Court, seeking answers on whether the Addendum Order issued in January last year exists. This order relates to the reduction of his prison sentence and fine.

Najib to serve his remaining sentence under house arrest?

Najib’s judicial review names several respondents, including the Home Minister, the Commissioner General of Prisons, the Attorney General, the Pardons Board, and other government officials. Among the key requests is for these parties to provide a copy of the main decree from the 16th Yang di-Pertuan Agong concerning Najib’s reduced sentence and fine.

Najib is also seeking an order that, if this decree exists, he should be transferred from Kajang Prison to serve the rest of his sentence under house arrest at his residence in Kuala Lumpur immediately.

Najib MAY be allowed to serve the rest of his sentence under house arrest, the main decree from the 16th Yang di-Pertuan Agong concerning Najib’s reduced sentence and fine exists.
Image credits: Bernama

Since August 2022, Najib has been serving his sentence in Kajang Prison after being convicted of misappropriating RM42 million from SRC International. He filed a royal pardon petition shortly after, which resulted in the Pardons Board reducing his sentence from 12 years to six years and cutting his fine from RM210 million to RM50 million.

Earlier last year, Najib’s initial attempt to start judicial review proceedings was rejected by the High Court. The court ruled that affidavits supporting his claims—including those from Umno leaders Datuk Seri Ahmad Zahid Hamidi and Datuk Seri Wan Rosdy Wan Ismail were hearsay and inadmissible as evidence. Najib then appealed this decision, leading to the current Federal Court ruling.

With the Federal Court’s dismissal of the Attorney General’s appeal, the judicial review will now proceed at the Kuala Lumpur High Court as scheduled.

Follow Wah Piang for more updates.