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THE Federal Court today allowed former prime minister Datuk Seri Najib Razak to proceed with a judicial review relating to an alleged Royal Addendum by the 16th Yang di-Pertuan Agong.
The Federal Court said there were no appealable errors by the lower court.
The panel, chaired by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim and comprising Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah, had earlier heard arguments on 9 July and reserved judgment.
During proceedings, Najib’s counsel Tan Sri Muhammad Shafee Abdullah argued that the Attorney General, Tan Sri Mohd Dusuki Mokhtar, should have disclosed the existence of the Royal Addendum from the outset, invoking the legal principle of duty of candou.
“This duty requires honesty and full transparency in judicial review proceedings, including disclosure of all relevant documents to the court,” said Shafee.
He added that Najib had no access to the relevant documents during his initial application due to their confidential nature.
According to Shafee, the document was later obtained by Najib’s son, Datuk Mohamad Nizar, only after the High Court dismissed the initial review request.
Shafee noted that the document came with strict conditions from Istana Negara, including a clause barring its use without royal consent.
That permission was granted on 2 December 2024, after which Najib filed a supporting affidavit with the court.
“This swift action shows there was no undue delay. On the contrary, it demonstrates our client’s commitment to assisting this court beyond what the law requires,” he said.
The Attorney General, in his arguments, maintained that Najib and Mohamad Nizar had failed to present credible evidence of the addendum’s existence during the High Court leave application stage, when they had every opportunity to do so.
Mohd Dusuki also argued that Mohamad Nizar, a member of the Pahang State Executive Council, would have had access to such a directive if it truly existed, owing to his regular interactions with the Pahang royal household.
Najib, the former Pekan MP, maintains that the ‘titah adendum’ does exist and entitles him to serve the balance of his sentence under house arrest.
He is currently serving a six-year prison sentence at Kajang Prison for misappropriating RM42 million from SRC International Sdn Bhd. - August 13, 2025