Why is the addendum unconstitutional
THE Attorney General's Chambers (AGC) today filed a notice of motion seeking leave to appeal to the Federal Court against the Court of Appeal's ruling on the addendum issue.
The AGC said its appeal is based on conflicting interpretations of the law between the High Court and the Court of Appeal.
According to senior lawyer GK Ganesan, since the saga involving former prime minister Datuk Seri Najib Razak began, there have been numerous uncertainties involving the addendum.
According to Ganesan, who is also an international arbitrator and constitutionalist, the addendum is unconstitutional for numerous reasons.
Firstly, he said his majesty the king is not the Pardons Board, but only a part of it and must follow its advice.
"His majesty cannot make a separate decision (addenda) outside the Board.
"The board knew nothing of the addendum and also it is important to note that pardons cannot be granted in instalments," he said.
Ganesan also pointed out that there is no provision in the federal constitution for any house arrest.
"The board can only reduce or eliminate a punishment and cannot create a new one
"The addendum is an exercise of constitutional power without jurisdiction and therefore void and has no legal effect," he said.
He added that the power of His Majesty the king is not absolute and even the constitution points to it. – February 5, 2025
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