Nothing unlawful about pardons, Azalina tells PH

Umno information chief Azalina Othman Said reminded Pakatan Harapan that pardons are lawful, as they are provided for under the Federal Constitution, the highest law of the land. Article 42 of the constitution expressly grants the king the power to pardon for offences committed in the federal territories. Azalina, who is also the law minister, clarified that portraying the exercise of a constitutional power of pardon as above the law is inappropriate.

Judicial decisions and the pardoning process are separate matters. Courts determine guilt and sentence, while Article 42 provides a constitutional mechanism for pardons, reprieves, and remissions of sentences. Azalina defended the Yang di-Pertuan Agong's decision to grant Najib Razak a conditional pardon, stating this does not mean disregarding court decisions or placing anyone above the law.

She emphasized that each institution must act within the powers granted by the constitution, including the Federal Territories Pardons Board (FTPB), the attorney-general, and the federal territories minister.

Azalina, as Umno's information chief, stressed the importance of respecting court decisions, the constitution, and the processes outlined by the constitution. Any questions about the validity, legal effect, or process of any action must be assessed based on the constitution's text, facts, and the actual process followed, not just political statements. She reiterated that no one is above the law or the constitution.

On August 23, 2028, assuming the RM50 million fine is paid, Najib Razak, 73, will serve the remainder of his six-year jail sentence at his home under house arrest, following the FTPB's decision. Najib has been incarcerated at Kajang prison since February 2024, with his original 12-year sentence halved to six years and his RM210 million fine reduced to RM50 million.

The PH presidential council responded to the decision by asserting that no one is above the law and that convicted offenders should serve their sentences in accordance with the law and the Federal Constitution.