Bombshell Inquiry Needed into Najib’s Controversial Pardon: Ex-Judge Calls for Royal Investigation

A retired judge is demanding the Conference of Rulers initiate an inquiry into a shocking affidavit related to Ahmad Zahid Hamidi and Najib Razak’s ongoing court case about his pardon process. The judge, Hamid Sultan Abu Backer, stressed the significance of this event, stating that it may be the first time in history that a sitting deputy prime minister has accused his own government of concealing an order from a head of state.

The affidavit's contents are causing concerns about potential damage to the rule of law. Given its public exposure, Hamid suggests the Conference of Rulers should act on it by investigating the contents independently of the ongoing court proceedings. He emphasized that this action would not interfere with the judicial process.

Hamid emphasized that a court decision may take several years, making it an impractical option for resolving the situation. Instead, he stressed the rulers’ immediate and decisive involvement to verify the truth of the affidavit's claims. Under the Federal Constitution, the rulers possess the authority to address sensitive issues, including granting pardons and commuting sentences.

The provision gives rulers such as the Yang di-Pertuan Agong, nine sultans, and the governors of Penang, Melaka, Sabah, and Sarawak the power to grant pardons and commute sentences. This power includes decisions about reprieves and respites for sentences.

In July 2020, Najib Razak was convicted on seven charges of abuse of power, criminal breach of trust, and money laundering involving RM42 million from SRC International funds. He was sentenced to 12 years in prison and fined RM210 million.

His conviction and sentence were upheld by both the Court of Appeal and the Federal Court. Najib started serving his sentence on August 23, 2022. However, on February 2, the Federal Territories' Pardons Board reduced his sentence to half and lowered his fine to RM50 million.

They also announced that Najib would be released from prison on August 23, 2028. In his application for a judicial review, Najib claimed that former King Al-Sultan Abdullah Sultan Ahmad Shah issued a “supplementary order” on January 29 that supposedly allows him to serve the rest of his sentence under house arrest.

In an affidavit dated April 9 in support of Najib’s application, Zahid stated that he saw a scanned image of the “supplementary order” on January 30 and confirmed its authenticity. Zahid, however, does not possess a copy of the order.

A copy of the affidavit emerged online and has been widely circulated. In response, Hamid emphasized the need for rulers to verify whether such an order was issued and, if so, why the government hasn't executed it.

Hamid pointed out that unless the government provides a valid explanation, not enforcing the order could amount to a breach of duty by government officials, given their sworn oaths of office.

Hamid clarified that every executive branch member takes an oath to uphold the Federal Constitution, which grants rulers the absolute discretion to grant pardons and commute sentences. Once this discretion is exercised, the government has the constitutional responsibility to implement the pardon as stipulated.

Failing to do so would constitute a violation of their constitutional duty, according to Hamid.

The nation now awaits the rulers’ decision on how to proceed with this unprecedented situation, as it could have significant implications for the country's legal and political landscape.

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