AG’s views must be considered in Najib’s 2nd pardon bid, says ex-AG

Former Attorney-General Abu Talib Othman has stated that the Federal Territories Pardons Board (FTPB) must take into account the written opinion of the AG when considering former Prime Minister Najib Razak's second pardon request. According to Abu Talib, the Yang di-Pertuan Agong, who chairs the board, cannot exercise his power of mercy arbitrarily.

He emphasized that Article 42(9) of the Federal Constitution mandates the FTPB to consider the AG's opinion, as indicated by the use of the word "shall." Abu Talib, who served as the country's top legal officer from 1980 to 1993, added that the written opinion would be circulated to all members of the board prior to the meeting.

The Federal Territories Minister, Hannah Yeoh, has confirmed that the FTPB will convene the next day, following reports that Najib's second pardon application will be among the matters discussed. However, it is still uncertain whether a decision will be made or if the board will simply deliberate on the application. Sources suggest that Najib might be permitted to serve the remainder of his sentence under house arrest, though it remains unclear whether this option will be considered at the meeting.

The Agong presides over the FTPB, which also includes Yeoh, the AG, and three other members. The Federal Constitution grants the Agong or a ruler the authority to grant pardons, reprieves, respites, or commute sentences in specified circumstances.