Najib Pardon: There is nothing pending for current Agong to deliberate on
07 Jan 2025, 02:07 pm
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Datuk Seri Najib Razak’s lawyer Tan Sri Muhammad Shafee Abdullah holding a letter that he claims confirms the royal addendum.

KUALA LUMPUR (Jan 7): The existence of the royal addendum in Najib's royal pardon raises significant questions that warrant clarification. It is essential for the government to confirm whether this matter was deliberated by the Pardons Board with the participation of all six designated members, including the Federal Territories Minister and the Attorney General at the material time.

Pursuant to Article 42(9) of the Federal Constitution, the Pardons Board is required to consider any written opinion provided by the Attorney General at the relevant time. To uphold the integrity of the process, the Board should disclose the minutes of the meetings that led to the decision regarding the royal addendum. If the addendum was not discussed at the Pardons Board, it would present a legal issue, making the meeting minutes vital. Such transparency is crucial to maintaining public confidence in the fairness and impartiality of the process.

The Federal Constitution clearly outlines the role of the Pardons Board and its advisory function to the Yang di-Pertuan Agong. Regarding Umno's request to file an application for a pardon on Najib's behalf, it should be emphasised that Umno is not a proper party to this matter, as their request appears to be more of a political statement than a legal position.

It is unfortunate that the current Agong has inherited this issue, as the role and mechanism of the Pardons Board are fundamentally straightforward, yet have been complicated by the circumstances surrounding this matter. At present, as I see it, there is nothing pending for the current Agong to deliberate on.

Given the ongoing court proceedings against Najib, deliberating on a pardon at this stage would place the Pardons Board in a challenging and potentially untenable position. Observing due process is essential to ensure fairness and uphold the rule of law.

Baljit Singh Sidhu is a senior lawyer, author and adjunct professor at the law faculty of Universiti Sains Islam Malaysia (USIM) and Universiti Sultan Zainal Abidin (UniSZA).

Edited ByAniza Damis
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