The Malaysian Court of Appeal has reserved its judgment regarding an appeal by the Malaysian Bar, which is seeking to challenge the decision to reduce the prison sentence and fine of former Prime Minister Datuk Seri Najib Razak. A three-judge panel, led by Justice Datuk Lim Chong Fong, heard arguments on July 31, 2026, and has scheduled August 7 for case management to determine when the final ruling will be delivered. The legal dispute centers on whether the decision made by the Federal Territories Pardons Board is subject to judicial review.
In 2024, the Pardons Board reduced Najib’s 12-year prison sentence to six years and lowered his RM210 million fine to RM50 million. Following this, the Malaysian Bar filed an application for leave to commence a judicial review, arguing that the board’s decision-making process should be open to legal scrutiny. However, the High Court dismissed this application in November 2024, ruling that the matter was non-justiciable because the pardon process involves the royal prerogative of the Yang di-Pertuan Agong, which the court deemed beyond its jurisdiction.
During the recent appellate hearing, lawyers for the Malaysian Bar contended that their challenge is directed at the administrative actions of the Pardons Board rather than the King's constitutional power of mercy. They argued that the board must be held accountable and that the threshold for granting leave for a judicial review is low enough that the case deserves a full, substantive hearing. The Bar maintains that the legal system must evolve and that such significant decisions should not be shielded from the courts.
Conversely, the Attorney-General’s Chambers argued that the High Court’s initial dismissal was correct. They maintained that the prerogative of mercy under Article 42 of the Federal Constitution is an unreviewable process. According to this view, if the final decision to grant a pardon is not subject to judicial review, then the entire process leading up to that decision must also be protected from such challenges. The defense for Najib Razak adopted these arguments, asserting that the application remains legally unsustainable.
The outcome of this appeal will determine whether the Malaysian Bar can proceed with its attempt to overturn the sentence reduction. As the court deliberates, the case remains a focal point for discussions regarding the limits of judicial oversight and the transparency of the pardon process in Malaysia.