GE15: Najib not qualified unless receives royal pardon
MOHD FAIZUL HAIKA MAT KHAZI14 Oct 2022 11:48am
Wan Ahmad Fauzi (left), Rais Yatim (right).
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SHAH ALAM - Former prime minister Datuk Seri Najib Razak will not be qualified to contest in the the 15th General Election (GE15) unless he receives royal pardon, said an constitutional expert Datuk Wan Ahmad Fauzi Wan Husain.
He said Article 48(5) of the Federal Constitution sets a limit for a person undergoing a prison sentence not less than one year or fined not less than RM2,000 to be named a candidate for the Parliament and state assembly seat unless a full pardon is given.
He told Sinar Premium when asked if Najib could be a BN candidate in GE15 despite his 12 year sentence for corruption and money.
This comes after Najib's lawyer Tan Sri Muhammad Shafee Abdullah argued for the former prime minister's case review to be done immediately as it may have an impact on Najib's chances of contesting in GE15.
The Universiti Malaysia Pahang Faculty of Industrial Management Lecturer added Najib's pardon is inappropriate to be debated as it has been placed under the Board of Pardons and Najib faces many other charges link to 1Malaysia Development Berhad (1MDB) court cases.
Dewan Negara president Tan Sri Rais Yatim said Najib is no longer qualified to contest in defending his seat based on Article 48 because of his 12-year sentence in Kajang Prison.
The former law minister said the Electoral Offences Act 1954 prevents any individuals caught and sentenced to prison for crimes, declared bankrupt or those who are mentally instable from becoming candidates fir elections.
"It is clear that Najib lost his qualification after the Federal Court upheld the sentence decided by the Court of Appeal.
"Najib's position as Pekan MP was dissolved automatically after the prime minister announced the dissolution of Parliament effective immediately on Mo," he explained.
Rais viewed Najib's chances in GE15 as difficult to realise because it is not simple for the Board of Royal Pardon to give their pardons for any criminal.
He said Yang di-Pertuan Agong could not make the decision to give it himself but His Majesty has to fulfil the criteria of Article 42 of the Federal Constitution through the advice of the Chief Justice and must be attended with the Prime Minister.
"I think Najib's chances to contest in GE15 is slim because of the royal pardon process taking a long time.
"There is also no possibility of Yang di-Pertuan Agong giving the pardon as is.
"Following Datuk Seri Anwar Ibrahim's (PKR President) case, he stayed in prison for years without the royal pardon," he said.
