Govt challenges Najib’s judicial review on ‘house arrest’ addendum at apex court

Govt challenges Najib’s judicial review on ‘house arrest’ addendum at apex court



Last month, the Court of Appeal, in a split ruling, granted Datuk Seri Najib Razak leave to proceed with his judicial review to compel the government to execute a supplementary decree issued by the former king. — Picture by Firdaus Latif

Wednesday, 05 Feb 2025 3:02 PM MYT


KUALA LUMPUR, Feb 5 — The government has filed an application for leave to appeal to the Federal Court against the Court of Appeal’s decision to grant Datuk Seri Najib Razak leave to initiate judicial review proceedings over his bid to serve the remainder of his jail sentence under house arrest.

In a statement, the Attorney-General’s Chambers (AGC) confirmed that the application was submitted yesterday, citing the need for legal clarity on the matter, according to a report published today in Free Malaysia Today.

The AGC highlighted that the Court of Appeal’s decision was reached through a split ruling, reflecting differing interpretations of the law among the three-member panel.

“This made it necessary (for an appeal to be filed) in order to obtain certainty and a clear decision from the Federal Court,” it said.

The AGC also emphasised that the case involved significant legal questions of public interest that required determination by the apex court.

“The AGC believes that this step is not only important to ensure justice in this case, but also to uphold the principle of rule of law and clarify the interpretation for the benefit of all parties.”

Last month, the Court of Appeal, in a split ruling, granted Najib leave to proceed with his judicial review to compel the government to execute a supplementary decree issued by the former king.

Justices Firuz Jaffril and Azhahari Kamal Ramli ruled in Najib’s favour, stating that new evidence presented by the former Pekan MP had overridden the High Court’s initial finding that his affidavits were based on hearsay.

They noted that Najib had obtained a copy of the addendum order from the Pahang ruler, who was the 16th Yang di-Pertuan Agong, after the High Court hearing in July.

However, Justice Azizah Nawawi dissented, upholding the High Court’s position that a mandamus order could not be issued against the pardons board.

She stated that there was no legal provision requiring the board to confirm or disclose the existence of a pardon order, including the addendum order.