KUALA LUMPUR – With former prime minister Datuk Seri Najib Razak receiving a reduced sentence that will have him released in 2028, the question now arises as to whether the infamous “Bossku” will make a comeback to politics.
In the week leading up to yesterday’s Pardons Board announcement, the country was gripped by rumours surrounding the potential granting of a royal pardon to Najib.
The board decided to reduce Najib’s jail term from 12 years to six, with his release scheduled for August 23, 2028. The fine amount has also been reduced to RM50 million from RM210 million.
Constitutional expert Prof Emeritus Datuk Shad Saleem Faruqi shed some light on the matter, clarifying that Najib could rejoin politics and become a party member but be restricted from contesting in elections.
Upon his release, Najib will automatically be banned from contesting in any election for a period of five years in accordance with Article 48(3) of the federal constitution, he added.
Shad said that Najib could potentially contest elections without observing the mandated five-year waiting period if he was granted a full pardon.
“Article 48(1), subsection (e) of the federal constitution stipulates that individuals convicted in court and sentenced to a minimum of one year in jail and a minimum fine of RM2,000 lose their qualification to hold positions in administration.
“However, this disqualification is subsequently rescinded upon the grant of a full pardon by the king. This would totally ‘wipe the slate clean’, including the annulment of their convictions,” he said.
Shad also did not rule out the possibility of Najib receiving a pardon on top of his recently reduced six-year sentence.
“There is no prohibition against Najib being granted an additional pardon. This precedent was established in the case of Mokhtar Hashim previously,” he told Scoop.
Datuk Mokhtar Hashim, the former culture, youth, and sports minister in Tun Dr Mahathir Mohamad’s cabinet, was convicted and sentenced to the mandatory death penalty for the murder of former Negri Sembilan speaker Mohamad Taha Talib.
Nevertheless, he was granted a partial pardon, whereby his death penalty was commuted to a lifetime of imprisonment, before receiving a full and free pardon from the King in 1991.
“With precedent in place, there are legal possibilities that the Pardons Board would grant Najib a full pardon in the future,” Shad said.
Meanwhile, Shad also said that the discretion to disclose any information regarding Najib’s pardon petition lies with the Pardons Board.
“The law does not mandate the board to disclose any information to the public. Therefore, their silence does not violate any legal provisions.
“But we’re talking about democratic norms and public interest here, and so therefore, I think, they should (disclose information on Najib’s pardon decision).
“People want to know. It is important that the facts be made known,” he said.
Similarly, lawyer Datuk Akberdin Abdul Kader said that the king’s prerogative to decide on a pardon petition is non-justiciable.
“A petition for pardon can only be filed with the Pardons Board after all legal avenues to overturn or reduce a conviction or court sentence have been exhausted.
“However, the king’s power to grant clemency or pardon to individuals convicted is non-justiciable. You cannot challenge the king’s decision or take it to court.
“The king has the power to either dismiss the petition or allow it and grant either full pardon or partial pardon by commuting or reducing the sentence. That is the prerogative of the king,” he said.
The former Pekan MP was found guilty for misappropriating RM42 million of SRC International Sdn Bhd’s funds on July 28, 2022, where he was sentenced to 12 years in jail and a RM210 million fine.
He then appealed against the sentence and conviction at the Court of Appeal and Federal Court.
Both the higher courts dismissed his appeal on December 8, 2021, and August 23, 2022, respectively. Najib was sent to jail right after his final appeal was dismissed.
Najib then filed a petition on September 2, the same year, seeking royal pardon.
On March 31, last year, the Federal Court dismissed Najib’s application to review the Federal Court’s decision that upheld the lower court’s decision against him. – February 3, 2024