Unhappy with Najib's pardon decision? Amend the Constitution, says Nazri

Former law minister Nazri Aziz said parties dissatisfied with the Pardons Board's decision regarding former prime minister Najib Abdul Razak's house arrest should bring a motion to Parliament to amend the Federal Constitution, rather than urging a review of the decision.

The statement follows the High Court's Nov 10 decision allowing Najib to serve the remainder of his prison sentence for the SRC International case via house arrest, as well as the Malaysian Bar’s move to file a judicial review application challenging the Pardons Board’s decision.

According to Nazri, the power to grant pardons lies with the Yang di-Pertuan Agong and decisions made through the Pardons Board must be respected by all parties.

He said the cabinet has no jurisdiction to review the board's decision, while parties that disagree with the said power can use parliamentary channels to amend the Constitution.

“We must follow. That is indeed his power, and it is enshrined in the Constitution,” he told Malaysiakini.

“If a decision has been made by the Pardons Board, accept it - what else is there to dispute, what else is there to review?

“Do not teach the people to commit treason,” he said.

Nazri also said bringing the matter to the cabinet for review is also improper.

“If we do a review or anything, it means we do not place trust in the Agong. That cannot be done; that is his power. Once he makes a decision, that's it,” he stressed.

Serving house arrest

On Sept 18, the Pardons Board for the Federal Territories announced that Najib was granted a conditional pardon allowing him to serve the remainder of his prison sentence for the SRC International case via house arrest until Aug 23, 2028.

The decision was made at the 64th meeting of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, on the condition that Najib pay a RM50 million fine.

On Nov 10, the High Court ordered Najib to serve the remainder of his sentence for the SRC International case via house arrest at his residence in Langgak Duta, Kuala Lumpur, effective immediately.

Judge Aslam Zainuddin also stipulated that Najib must return to Kajang Prison on Aug 24, 2028, to serve his prison sentence for the 1MDB case.

On the same day, the Malaysian Bar filed an application for leave to seek judicial review to challenge the Pardons Board’s decision on the house arrest.

Among other things, the Bar argued that the house arrest mechanism is not included among the forms of pardon provided for in the Constitution.

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