KUCHING: Senator Datuk Ahmad Ibrahim has called for respect for Malaysia’s constitutional framework following the decision to allow former Prime Minister, Datuk Seri Najib Tun Razak, to serve the remainder of his sentence under house arrest.
Ahmad said he remained neutral on the merits of Najib’s case and did not intend to revisit matters that had already gone through the judicial process.
He said the courts had performed their constitutional role, while the power of clemency was separately provided for under Article 42 of the Federal Constitution.
“Therefore, I am not taking a position on whether Datuk Seri Najib deserved or did not deserve this conditional pardon. I simply respect the constitutional process and the prerogative of clemency exercised within that framework,” he said in a statement today.
His remarks followed the announcement that the Yang di Pertuan Agong, Sultan Ibrahim, had granted Najib a conditional pardon, allowing him to serve the remainder of his sentence under house arrest until August 23, 2028.
The decision was made at the 64th meeting of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya at Istana Negara today.
The order is subject to Najib paying a RM50-million fine and complying with the conditions imposed. Failure to comply would result in the conditional pardon being revoked and Najib having to serve the remainder of his sentence in prison.
Ahmad said the distinction between a judicial decision and the constitutional power of clemency must be understood.
“A pardon does not mean that the courts were wrong, nor does it erase the judicial process. The courts exercise judicial power, while the clemency process exists separately under the Federal Constitution,” he said.
He said both were components of Malaysia’s constitutional system.
Ahmad also acknowledged that Malaysians were entitled to differing views on the decision, saying some would agree with it while others might disagree.
“That is part of a democratic society,” he said.
However, he said his position was to respect the constitutional process, the institution of the Yang di Pertuan Agong, and the decision made through that framework.
He added that similar powers of pardon and clemency existed in other constitutional systems, describing them as lawful mechanisms for mercy or clemency after the judicial process had concluded.
“For me, respect for the rule of law must be consistent. We should respect the judgments of our courts, and we should likewise respect the constitutional institutions and powers established by the Federal Constitution,” he said.
