DATUK Seri Najib Razak has failed in his final attempt to stop the Attorney-General’s Chambers (AGC) from appealing against his judicial review bid over the alleged royal addendum that would allow him to serve the remainder of his prison sentence under home detention.
A three-member Federal Court bench, led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, dismissed the former prime minister’s preliminary objection, which sought to bar the AGC from arguing why the court should allow its appeal.
Delivering the unanimous decision, Hasnah said the issue of introducing new evidence in the case constitutes a novel legal matter that warrants full consideration by the apex court.
The panel also noted inconsistencies in how the lower courts interpreted the Attorney-General’s role, especially in relation to the failure to file a reply affidavit at the leave stage of the judicial review proceedings.
“This issue must be clarified and fully examined by the highest court,” said Hasnah.
She added that the court also needs to consider whether the alleged royal addendum is a justiciable matter under Article 42 of the Federal Constitution, which governs the power to grant pardons.
“Therefore, it is our view that the questions raised by the Attorney-General are neither academic nor hypothetical. As such, we unanimously dismiss the respondent’s preliminary objection,” she said.
The panel included Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah. The hearing is set to continue on Wednesday.
Najib was represented by senior counsel Tan Sri Muhammad Shafee Abdullah, while Attorney-General Datuk Mohd Dusuki Mokhtar appeared for the government.
On 6 January, a three-member Court of Appeal panel led by Datuk Azizah Nawawi allowed Najib to file an additional affidavit to support his application. The former Pekan MP claimed that a royal addendum dated 29 January 2024 permitted him to serve his remaining prison sentence under house arrest.
Najib, 71, is seeking a mandamus order to compel the respondents to verify and disclose the existence of the purported document.
He is currently serving a six-year prison sentence for misappropriating RM42 million from SRC International Sdn Bhd, following a reduction from an initial 12-year term and RM210 million fine. His sentence was commuted after a royal pardon petition led to a partial remission — halving both the jail term and fine to RM50 million.
Najib later filed the judicial review after claiming a second royal directive, allegedly signed by the 16th Yang di-Pertuan Agong, entitled him to home detention — a claim previously dismissed by the High Court. - July 1, 2025
