NO one is above the law or the Federal Constitution, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said in defending the constitutional basis for the Pardons Board’s decision allowing former prime minister Datuk Seri Najib Razak to serve the remainder of his sentence under house arrest.
Azalina, who is also Umno information chief, said the exercise of the pardoning power provided under Article 42 of the Federal Constitution should not be portrayed as an act of “overriding the law”.
She said the power was not an authority outside the law but was expressly provided for under the Federal Constitution, including the framework governing the Pardons Board for offences committed in the Federal Territories.
“The rule of law has never been disputed. No individual, government or institution is above the law.
“However, the Federal Constitution is the supreme law of the country and all parties are also subject to the provisions of the Constitution,” she said in a statement today.
Azalina’s statement followed the Pakatan Harapan (PH) Presidential Council’s assertion that no one was above the law and that anyone convicted of an offence must serve their sentence according to the law and the Federal Constitution.
The PH council also expressed firm support for Prime Minister Datuk Seri Anwar Ibrahim’s position and the advice given by the Attorney-General and Federal Territories Minister to the Pardons Board.
Azalina said judicial decisions and the clemency process were separate matters, with the courts exercising judicial functions in determining guilt and punishment.
Article 42, she said, provided a constitutional mechanism for pardons, reprieves and remissions of sentences.
“The existence of the power of pardon in the Constitution does not mean that a court decision is set aside or that an individual is above the law,” she said.
She said every institution must act within the powers conferred on it by the Constitution.
Azalina added that the roles of the Pardons Board, Attorney-General and relevant minister should be assessed based on Article 42 and the procedures prescribed under it, rather than political interpretations or perceptions.
“Any questions regarding the validity, legal effect or process of an action should be assessed based on the text of the Constitution, the facts and the actual process, not merely political statements.
“Respect the court’s decision. Respect the Constitution. Respect the process provided for by the Constitution,” she said.
Najib was granted a conditional royal pardon on Friday, allowing him to serve the remainder of his reduced sentence for the SRC International case under house arrest until Aug 23, 2028, subject to payment of a RM50 million fine.
The decision followed a meeting of the Federal Territories Pardons Board, chaired by the Yang di-Pertuan Agong. - September 19, 2026
