AG may be avoiding embarrassing ex-Agong in addendum issue: Expert

Summary

• Legal expert Zulqarnain Lukman suggests that the attorney-general may have refrained from challenging the validity of the royal addendum related to Najib Abdul Razak to avoid causing embarrassment to the Yang di-Pertuan Agong or affecting the monarchy.

• Zulqarnain emphasises that while royal decrees are typically non-justiciable, the High Court must determine whether the addendum aligns with Article 42 of the Federal Constitution, which governs pardons.

The attorney-general (AG) may have deliberately refrained from challenging the validity of the addendum issued by the 16th Yang di-Pertuan Agong, fearing it could negatively impact the monarchy, legal expert Zulqarnain Lukman suggested.

He noted that the issue, linked to former prime minister Najib Abdul Razak, must be handled cautiously as any misstep could affect the Istana Negara or the royal institution.

“Najib has already brought this case to court. If the AG also pursues it (to the court) there would be a redundancy of proceedings and potential embarrassment for the Yang di-Pertuan Agong,” Zulqarnain told Malaysiakini.

The legal practitioner, who holds a doctorate in constitutional law, was asked why the AG’s Chambers did not challenge the addendum in court.

Addendum confirmed

The addendum instructed Najib to serve the remainder of his prison sentence under house arrest rather than in Kajang Prison.

Najib is currently serving time after being convicted of criminal breach of trust, abuse of power, and money laundering involving RM42 million from SRC International, a former subsidiary of 1MDB.

On Jan 6, the Court of Appeal allowed Najib’s appeal against a High Court decision to deny him judicial review leave to compel the government to confirm the addendum’s existence and to enforce it. The matter has been sent back to the High Court for adjudication.

READ MORE: KINIGUIDE | Six takeaways on Najib’s house arrest bid

On the same day, a letter from the Pahang Palace confirming the addendum’s existence was submitted to the Court of Appeal.

Leaving it to legal processes

Elaborating further, Zulqarnain explained that the government might be waiting for the High Court’s decision to determine whether the royal addendum carries legal weight.

“Whatever the outcome of Najib’s case, it will serve as a precedent to determine whether the royal addendum carries legal authority or not,” he said.

He emphasised that the Yang di-Pertuan Agong’s directives are generally non-justiciable, meaning they cannot be challenged in court.

Additionally, he pointed out that Agong is immune from civil lawsuits except through a special court.

“Besides that, there are other ways (to resolve Najib’s addendum issue) that can be explored, such as convening another meeting of the Pardons Board,” he said.

READ MORE | Royal addendum: What govt leaders are saying so far

Zulqarnain added that the addendum would also become a key issue for the High Court later, including its authenticity or the process of its issuance.

“Another point is that issues related to royal decrees are beyond the court’s jurisdiction (non-justiciable).

“However, under the concept of a constitutional monarchy, everyone must adhere to the provisions of the Federal Constitution.

“The power of pardon is enshrined in Article 42 of the Constitution.

“Thus, it is appropriate for the court to review the royal addendum to ensure it complies with Article 42 before it is implemented, as every judge has sworn to uphold the Federal Constitution when taking office,” he said.

Kadir: Remember Abdullah Ang, the prisoner who roamed freely?

COMMENT | Full pardon for Najib may not be a good idea

Don't politicise royal addendum issue, leave it to court, PM's aide says

1MDB one of reasons, not main issue leading to BN's GE14 loss: Najib

Royal addendum: What govt leaders are saying so far

King Abdullah meet not referred in Arab donation letter - Najib