Imprisoned former Prime Minister to Malaysia, Datuk Seri Najib Razak, will still be allowed to retain his Pekan parliamentary seat pending the results from a Royal Pardon application that he had submitted just recently. This revelation was announced by Malaysian United Democratic Alliance (Muda) co-founder and central executive committee member Lim Wei Jiet through a Tweet earlier this afternoon (September 1st 2022).
According to Jiet, who is also a practicing lawyer, Speaker of the Dewan Rakyat, Tan Sri Azhar Azizan Harun, has confirmed that the disgraced premier had already submitted an application for a Royal Pardon to the Yang di-Pertuan Agong.
“And because there is a pending pardon application, the Pekan seat would not be vacated until the pardon is accepted/rejected by the YDPA, (This is correct under the Constitution,” he said.
Najib to remain as Pekan MP while awaiting results from his Royal Pardon application
Speaker of Dewan Rakyat confirms that Najib has submitted a pardon application to the YDPA.
And because there is a pending pardon application, the Pekan seat would not be vacated until the pardon is accepted/rejected by the YDPA. (This is correct under the Constitution) pic.twitter.com/0nHtvAkwOq
— Lim Wei Jiet (@limweijiet) September 5, 2022
A copy of the statement issued by Azhar was also included, which indicates that he has received Najib’s royal pardon application dated September 1st, 2022. As of present, Najib will only lose his Pekan parliamentary seat upon the rejection of his application of clemency by the Yang-di Pertuan Agong, according to Azhar.
“Therefore, Najib’s status as the Pekan Member of Parliament remains unchanged and will only be decided once the royal pardon process has been finalised,”
It is explained under Article 48 of the Federal Constitution that any individual who has been convicted for an offence and sentenced to more than one year in jail and fined more than RM2,000 will be disqualified from their tenure as a Minister of Parliament.
With that being said, Article 42(1) of the Federal Constitution also specifies that those found guilty in the court of law may also be granted an opportunity to file an application of clemency from the Yang-di Pertuan Agong. Najib would only lose his seat if he fails to file any formal petition or court action within 14 days to overturn or commute his jail sentence to below one year and less than RM2,000, or if his Royal Pardon was denied.
He is currently serving 12 years in Kajang prison for his involvement in the SRC International scandal.