Najib’s 'royal addendum' dream crushed; former PM remains behind bars

KUALA LUMPUR – Former Prime Minister Datuk Seri Najib Razak failed in his bid to compel the government to implement a "royal addendum" for house arrest after the High Court dismissed his application on Monday.

Judge Alice Loke ruled that the purported decree—which would have allowed Najib, 72, to serve the remainder of his sentence at his residence—was never discussed during the 61st Pardons Board meeting.

“The Yang di-Pertuan Agong cannot decide on his own [without the advice of the Board],” the judge said in her ruling.

The Pahang-born politician has been incarcerated at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million from SRC International Sdn Bhd.

Following the court’s rejection, Najib must remain at the facility, with his current release date scheduled for Aug 23, 2028. However, both the defence and the prosecution retain the right to appeal the High Court's decision at the Court of Appeal in Putrajaya.

Initially, the court had set Jan 5, 2026, for the delivery of the verdict. However, the date was brought forward to Dec 22, 2025, ahead of the Christmas public holiday.

Legal journey and the mandamus order

The ruling follows a series of complex legal maneuvers:

• Aug 13: The Federal Court ordered the case back to the High Court for a hearing on its merits, dismissing the Attorney General’s (AG) challenge against a Court of Appeal ruling.
• The mandamus application: Najib sought a mandamus order to compel the government to confirm the existence of a supplementary royal order dated Jan 29, 2024.
• The respondents: Najib named several high-ranking officials and entities, including the Home Minister, the Commissioner General of Prisons, the Attorney General, and the Federal Territories Pardons Board.

The former Pekan MP argued that if the document existed, the respondents were legally bound to transfer him from Kajang Prison to his residence in the capital immediately.

Najib was originally sentenced to 12 years in prison and an RM210 million fine. While the conviction was upheld by both the Court of Appeal and the Federal Court, a petition for a royal pardon filed in September 2022 resulted in a significant reduction. The Pardons Board halved his sentence to six years and reduced his fine to RM50 million.