Nothing unlawful about pardons, Azalina tells PH

Umno information chief Azalina Othman Said has reminded Pakatan Harapan that pardons are lawful as they are provided for under the Federal Constitution, the supreme law of the country.

Azalina, who is also the law minister, said Article 42 of the constitution expressly provides the king the power of pardon for offences committed in the federal territories.

“It is, therefore, inappropriate to portray the exercise of a constitutional power of pardon as an act of being ‘above the law’.

“Judicial decisions and the pardoning process are distinct matters. The courts exercise judicial functions in determining guilt and sentence.

“Article 42, on the other hand, provides a constitutional mechanism relating to pardons, reprieves and remissions of sentences,” she said in a statement.

Defending the Yang di-Pertuan Agong’s decision to grant Najib a conditional pardon, Azalina said this does not mean disregarding the court’s decisions or placing anyone above the law.

The Pengerang MP said each institution must act within the powers conferred by the constitution, from the Federal Territories Pardons Board (FTPB) and its members, including the attorney-general and the federal territories minister.

“My position as Umno information chief is clear: respect the decisions of the courts. Respect the constitution. Respect the processes provided for by the constitution.

“And any question concerning the validity, legal effect or process of any action must be assessed based on the text of the constitution, the facts, and the actual process followed, not merely political statements.

“No one is above the law and no one is above the constitution.”

Yesterday, the Prime Minister’s Department announced that, following a FTPB meeting, the king decided to allow Najib to serve the remainder of a six-year jail sentence at his home provided he pays his RM50 million fine in his SRC International case.

The king presides over meetings of the board, which comprises the attorney-general, the federal territories minister and three members appointed by the king.

Under the conditional pardon, Najib will serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to the payment of his RM50 million fine.

Najib, 73, has been serving a six-year sentence at Kajang prison after the board halved his original 12-year sentence in February 2024. The original RM210 million fine was also reduced to RM50 million.

In response to the decision, the PH presidential council said no one was above the law and those convicted of offences should serve their sentences in accordance with the law and the Federal Constitution.

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