King's pardon for Najib Razak faces legal dispute over fine payment

Malaysia's king stated on November 7 that the conditional pardon allowing former Prime Minister Najib Razak to serve his remaining sentence under house arrest is clear and unambiguous. The declaration follows a legal challenge from the Attorney-General's Chambers, which has suspended the house arrest arrangement over uncertainty about whether Najib's payment of a RM50 million fine completed his sentence or if he must remain confined until August 23, 2028.

King Sultan Ibrahim Sultan Iskandar issued the conditional pardon in September 2024 under Article 42 of the Federal Constitution. It required Najib, 73, to pay a reduced fine of RM50 million. The fine was paid on November 6 following a crowdfunding campaign. Despite this, Najib remained in Kajang Prison the next day. The royal order, dated September 18, 2026, allowed Najib to serve his remaining two years at home subject to the fine payment. Sultan Ibrahim described the order as explicit and unambiguous, and unrelated to any other cases involving Najib.

AGC seeks legal clarity on pardon interpretation

The Attorney-General's Chambers suspended the implementation of Najib's house arrest on November 7. It seeks to resolve legal uncertainty about the pardon's effect on his separate 15-year sentence related to the 1Malaysia Development Berhad scandal. The AGC stated the suspension was not intended to challenge the king's decree but to ensure legal compliance. It said it was seeking clarity and had never disputed the conditional pardon order. The suspension applies until a further review resolves the interpretation of the pardon and the related 'order of discharge'. During this period, Najib's detention status must be maintained at his current place of confinement.

Najib's legal team rejects AGC's position

Najib Razak's lawyers have rejected the AGC's position. They argue the fine payment satisfied the pardon conditions and that the High Court had already authorized his release. They accused the attorney-general of executive overreach. The attorney-general's office responded by stating it was only seeking legal clarity. This legal dispute occurred one day after authorities delayed Najib's transfer home, which was due to occur on Friday after his party paid the fine. Najib was convicted in 2022 for misappropriating RM42 million from SRC International and had his 12-year sentence halved to six years in 2024.

The king holds authority to grant pardons under constitutional discretionary powers. The Pardons Board considered Najib's petition on September 18, 2026, in a meeting attended by the Federal Territories Minister and the Attorney-General. Sultan Ibrahim warned that challenging his house arrest order could defy his decree. Negative remarks about the monarchy can be prosecuted under Malaysia's colonial-era Sedition Act. The Attorney-General's Chambers maintains its aim is to seek legal clarity, while the king asserts his pardon order is, in his words, "clear, explicit and without any ambiguity."