Commentary: Who benefits from former Malaysia PM Najib’s partial pardon?

Commentary: Who benefits from former Malaysia PM Najib’s partial pardon?

The controversial halving of Najib Razak’s 12-year sentence, related to the 1MDB corruption scandal, appears to be a boon to multiple stakeholders, says an ISEAS - Yusof Ishak Institute senior fellow.

Former Malaysian prime minister Najib Razak was given a partial royal pardon, reducing his 12-year sentence for corruption charges related to the 1MDB scandal. (Photo: Reuters/Lai Seng Sin)


SINGAPORE: While Malaysia ushers in a new monarch under its unique rotating system, attention is divided between the pageantry of the coronation and the fate of an inmate in the infamous Kajang prison.

Last week, tongues and TikTok accounts were atwitter with the news that former prime minister Najib Razak may get out of prison sooner than anticipated. The first national leader in Malaysia to be convicted and imprisoned, Najib began his 12-year sentence for criminal breach of trust, money laundering, and abuse of power pertaining to SRC - an affiliate of the strategic investment fund 1MDB - in August 2022.

Following his incarceration, Najib’s lawyers appealed the monarch for a pardon in September 2022 and April 2023. Under Malaysia’s legal system, the power to grant full or partial pardons lies with the king. While receiving advice from the Pardons Board, which includes the Attorney-General, the Minister of Federal Territories, and three other members, the monarch had sole prerogative to decide.

On Jan 29, the Pardons Board met with the king, Sultan Abdullah of Pahang, for the last time before he yielded the crown to the Sultan of Johor. While Malaysians waited for the decision with bated breath, the board and Cabinet members kept mum - not wishing to divert attention from the royal proceedings.

Some were too keen by half, with Utusan Melayu - the newspaper long affiliated with Najib’s party, the United Malays National Organisation (UMNO) - jumping the gun and reporting that he had been fully pardoned. However, the daily later had to issue a retraction, as this could not be verified.

Following this, CNA broke the story that King Abdullah slashed Najib’s sentence from 12 to six years, and also reduced the accompanying fine of RM210 million (US$44.5 million) to an undisclosed amount. The official decision by the Pardons Board on Friday (Feb 2) confirmed the halving of Najib’s sentence.

The board announced that Najib’s fine would be reduced to RM50 million, but he would need to serve an additional year in prison if it is not paid. The specific wording of the Pardons Board’s declaration looks to rule out an earlier release for good behaviour.


MOTIVES FOR REDUCTION

While the internal discussions held by the board will be kept private, it appears that there are several motives for the reduction. The first would be the spirit of reconciliation, given that Najib is a senior political figure who still commands considerable support within his party, UMNO.

The second would be links between the monarch and Najib, given that the latter is also from Pahang and is a member of that state’s aristocracy. Yet, in granting only a reduction in Najib’s sentence as opposed to a full pardon, the outgoing monarch is spared any later embarrassment should the former prime minister be convicted of any of his pending charges and receive another custodial sentence.

Beyond this, this legal denouement is likely to be relatively well-received by various quarters.

First, while UMNO diehards have been pushing for a full pardon, this decision goes at least some way to meeting their demands. The party, a member of the unity government, has at least a demonstrable deliverable to show for months of lobbying. This will minimise the chances of disgruntled party insiders tipping the apple cart in a fit of pique.

Second, the decision has aroused anger and angst among urbanites across the nation, who have questioned the process and rationale for the partial reprieve.

Yet, Najib is still in prison, and there are other, larger cases against him. Indeed, he faces charges of abuse of power and money laundering of a staggering RM2 billion pertaining to 1MDB. Thus, Najib has not gotten off scot-free and his legal travails are far from over.

Should the former prime minister have been granted a full pardon (and his other cases mysteriously vanished), he would have been able to resume his political career. However, Najib’s partial pardon means that he will be sidelined for at least one electoral cycle.

This is because following his release, the former prime minister will be barred from holding political office for five years. Thus, should Najib be released in August 2028, this would be well past the next general election which is due by late 2027. Indeed, he would not be able to run for office himself until August 2033.


PLAYERS WHO STAND TO BENEFIT

There are other players who stand to benefit from this denouement. The first is deputy prime minister and UMNO president Ahmad Zahid Hamidi. While Ahmad Zahid has undisputed control of UMNO at the party’s apex, Najib, also known as “Bossku”, has much deeper support within the party - particularly at the influential division level.

Were his former leader to return to active politics, Ahmad Zahid could well be upstaged. Thus, the current party head is best served by being seen to fight for Najib’s release rather than actually achieving it.

Despite some minor turbulence ahead, Prime Minister Anwar Ibrahim is flying high. While he will cop some flak from his base, he can argue that the decision was solely the monarch’s prerogative. Indeed, Anwar was not at Monday’s meeting and has stated that the ultimate decision is in the hands of the Pardons Board.

No component of Anwar’s Pakatan Harapan coalition has threatened to pull out over the decision. Najib is sidelined and can be put under further legal pressure via his remaining cases, and Ahmad Zahid himself has a dismissal not amounting to an acquittal that can be reactivated if necessary.

For Anwar, who was booted from UMNO a quarter of a century ago, holding the current and past party presidents by the jugular must be poetic justice.

Dr Francis E Hutchinson is a Senior Fellow and coordinator of the Malaysia Studies Programme at the ISEAS - Yusof Ishak Institute. This commentary first appeared on ISEAS - Yusof Ishak Institute’s blog, Fulcrum.