Malaysia’s ex-PM Najib to appeal decision denying house arrest plea, claims royal power diluted

KUALA LUMPUR – Malaysia’s High Court on Dec 22

rejected Najib Razak’s application

to serve the remainder of his prison sentence under house arrest, dealing a fresh legal setback to the former prime minister at the centre of the country’s largest corruption scandal.

The court found that a purported addendum order issued by the previous king, which Najib maintained authorised him to serve a reduced sentence under house arrest, was not valid as it must require the involvement of the Pardons Board.

In response, Najib’s lead counsel Shafee Abdullah said his client would appeal against the decision. He also said that Najib could seek a fresh pardon from Malaysia’s current King, Sultan Ibrahim Iskandar.

Tan Sri Shafee also warned that the Dec 22 decision may have taken away the Malay Rulers’ full discretion of pardon and clemency.

“Today’s decision has taken away the fullest prerogative of mercy of not only the (King) but the Malay Rulers and governors,” he told reporters outside the court.

Najib, 72,

has been serving his sentence at Kajang Prison

since Aug 23, 2022, after being convicted of abuse of power, criminal breach of trust and money laundering involving RM42 million (S$13 million) linked to SRC International, a former subsidiary of state fund 1MDB.

High Court Judge Alice Loke ruled that although clemency is a royal prerogative, it must be exercised strictly within the framework of Malaysia’s Federal Constitution. She said a pardon must be deliberated on or approved by the Pardons Board, as required under Article 42 of the Federal Constitution.

“The (King) cannot decide independently of the Pardons Board,” Justice Loke said in her judgment.

Najib’s application stemmed from a 2024 decision by the Pardons Board, chaired by the then King, Sultan Abdullah Ahmad Shah, which

reduced his original 12-year jail sentence and RM210 million fine to six years

in prison and a RM50 million fine.

Najib later

filed a judicial review

, asserting that the former king had also issued a supplementary order allowing him to serve the remainder of his sentence at home.

However, the High Court said declassified minutes from the 61st Pardons Board meeting held on Jan 29, 2024, showed that only one decision was made, which was the reduction of Najib’s prison term and fine, and that house arrest was never discussed.

“In the light of this evidence... it is indisputable that the house arrest was not deliberated at the Pardons Board meeting,” said Justice Loke.

She added that the addendum would have significantly altered the nature of Najib’s imprisonment and, therefore, required explicit consideration by the Pardons Board.

Inside the packed courtroom, Najib sat quietly, flanked by family members, as the decision was read out. 

His sons Nazifuddin, Nizar and Norashman, as well as his brother Nazir, were seated together.

Najib’s wife Rosmah Mansor arrived shortly after the hearing began and took her seat beside him. 

She was seen speaking to reporters on her way to the courtroom, asking whether they thought Najib would be released.

Both Najib and his son Norashman appeared visibly emotional after the verdict, with tears in their eyes.

Several dozen Najib supporters had also gathered outside the Kuala Lumpur High Court, chanting for his freedom.

The Dec 22 ruling means Najib will continue serving his sentence in Kajang Prison.

The decision was not received well by Najib’s supporters, including those from his UMNO party.

The party’s youth wing chief Akmal Saleh posted a video on his Facebook page, agreeing with Mr Shafee’s remark on the prerogative of the Malay Rulers.

“What is the point of us becoming Malay Muslim leaders, but when the Rulers’ power is reduced, we keep quiet?” he asked in the video’s caption.

“It is time for BN to pull its support from the government and become a dignified opposition,” he added, referring to the Barisan Nasional coalition that UMNO leads.

He also urged party delegates to speak up on the matter when they converge for the UMNO General Assembly in January 2026.

Several UMNO leaders, such as Supreme Council member Zambry Abdul Kadir and secretary-general Asyraf Wajdi Dusuki, were also incensed by a Facebook post by MP Yeo Bee Yin from the ally Democratic Action Party, which celebrated the High Court decision.

Mr Amir Fareed Rahim, strategic director at risk consultancy KRA Group, however, said the decision is significant because it clarifies the crucial constitutional role of the Pardons Board.

“Although the verdict will be appealed, the High Court has drawn a firm line that any form of clemency, including house arrest, must strictly follow the constitutional process, particularly the role of the Pardons Board,” he told The Straits Times.

By rejecting the validity of the alleged addendum, the ruling appears to signal that discretion, even at the highest levels, cannot bypass established legal procedures, he said.

Mr Amir Fareed added that the decision has removed a major source of uncertainty as the issue has fuelled speculation, mobilisation and internal party pressure within UMNO and the federal government.

“With the court shutting that door, at least for now, Najib’s legal path narrows to appeals rather than negotiated outcomes,” he said.

“That, in turn, lowers the immediate political temperature for the government, which has been caught between rule-of-law expectations and factional pressures.”

More broadly, the ruling reinforces judicial independence at a time when Malaysia’s institutions are under close public scrutiny, he said.

“But we do expect the UMNO leaders to continue pushing in support of Najib, especially with the looming UMNO General Assembly in January.”

The Dec 22 decision applies only to Najib’s sentence in the SRC International case. 

He

faces another major legal milestone

on Dec 26, when the High Court is scheduled to deliver its verdict in the long-running 1MDB main trial.

In that case, Najib is charged with four counts of abuse of power and 21 counts of money laundering involving about RM2.2 billion allegedly misappropriated from the state investment fund.

Najib served as Malaysia’s prime minister from 2009 to 2018, and became the first former leader in the country’s history to be jailed.