Agong Has Power To Determine Najib’s House Arrest Conditions, Says Expert
Constitutional law expert Wan Ahmad Fauzi says the house arrest mechanism must have a clear legal basis and be guided by AGC advice.
- The Yang di-Pertuan Agong holds constitutional power to determine Najib's house arrest conditions, with proposals from the Attorney General's Chambers.
- Najib's conditional pardon does not erase his conviction or criminal record; it only alters how his sentence is served.
- The legal basis for house arrest must be clear, transparent and publicly accessible to ensure accountability and prevent misunderstanding.
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The Yang di-Pertuan Agong has the power to determine how former prime minister Datuk Seri Najib Razak’s house arrest should be implemented, said constitutional law expert Assoc Prof Datuk Dr Wan Ahmad Fauzi Wan Husain.
When contacted by TRP today, Wan Ahmad Fauzi said but the conditions governing it should be proposed by the Attorney General’s Chambers (AGC) for Agong’s approval.
Wan Ahmad Fauzi also said Najib’s conditional pardon should not be interpreted as wiping out his conviction or criminal record, but rather as a form of respite involving how the remainder of his sentence is served.
“In Najib’s context, although the term used is conditional pardon, it cannot be said that once he pays RM50 million and serves the remainder under house arrest, the conviction is erased. No. His record remains,” he said.
He said the issue should instead be viewed in the context of respite, whereby the manner in which a sentence is served is altered from imprisonment in a correctional facility to house arrest.
House Arrest Must Have Clear Legal Basis
With Najib expected to begin serving the remainder of his sentence under house arrest after paying the RM50 million fine, questions have emerged over how the arrangement will work in practice — including whether he can order food through online platforms, tend to the flowers in his compound, or even go live on social media and update his followers.
According to Wan Ahmad Fauzi, such conditions should be clearly set out in writing and made public to ensure transparency and avoid ambiguity over what Najib can and cannot do while under house arrest.
He stressed that the implementation of house arrest could not be ambiguous or unclear and must be anchored to an existing law or an appropriate legal mechanism.
“So, if it is to be implemented, it must refer to which law is applicable. There cannot be a new invention,” he said.
He said the Prisons Act could provide one possible legal reference, pointing to Section 3, which allows the Minister to designate a place as a prison.
The Attorney General has said the Prisons Department will issue the standard operating procedures (SOP) for implementing Najib’s house arrest, including matters relating to visits, security controls and monitoring of his movements.
AGC Should Advise On Implementation
Wan Ahmad Fauzi said if existing legislation did not sufficiently provide for the implementation mechanism, the Attorney General should advise on the appropriate procedure under Article 42 of the Federal Constitution.
He said the Yang di-Pertuan Agong, as chairman of the Pardons Board, has constitutional prerogative in matters involving pardon, reprieve and respite.
“The Attorney General must advise through the existing law, or through an appropriate SOP but it must be something that can be seen and assessed by the public, so that the public can see accountability, wisdom and justice,” he said.
He said clear procedures were important to prevent misunderstandings and allegations arising from a lack of transparency.
“If it is not clear, it opens up room for slander, misunderstanding and so on. There must be transparency.”
Najib Is Still Not Free
The Federal Territories Pardons Board announced on Sept 18 that His Majesty Sultan Ibrahim, King of Malaysia had granted Najib a conditional pardon allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to payment of a RM50 million fine and compliance with the stipulated conditions.
The Attorney General has also confirmed that Najib has yet to pay the RM50 million fine, while police and the Prisons Department have begun preparations and security assessments at his residence.
Wan Ahmad Fauzi said the key issue now was ensuring that the legal basis and operational framework for the house arrest were sufficiently clear.
He said this would allow the public to understand how the arrangement would work and ensure that the exercise of the King’s constitutional prerogative was implemented with accountability and transparency.
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