Former Malaysian prime minister Najib Razak has been granted a conditional pardon allowing him to serve the remainder of his prison sentence under house arrest, sparking a fresh legal challenge from the Malaysian Bar and an Umno fundraising drive to cover a mandatory RM50 million fine.
The decision by the Federal Territories Pardons Board on Sept 18 has plunged Malaysia into what legal experts describe as uncharted territory. Under the terms of the royal decree, the jailed former leader can complete his term at his home in the upscale Kuala Lumpur suburb of Langgak Duta, provided he first satisfies the financial condition of the pardon.
However, the transition from Kajang Prison to home detention remains stalled.
Why Najib Razak Remains Behind Bars Despite the Conditional Pardon
Najib Razak is unable to pay the RM50 million fine required as a condition for his house arrest because his bank accounts remain frozen by authorities. Speaking outside the High Court, lead defence counsel Muhammad Shafee Abdullah told reporters that his client could not afford the sum himself.
Shafee noted that all of Najib’s bank accounts—including an Affin Bank account where his official salary and allowances as a former prime minister and Member of Parliament were credited—have been locked down. The defence team appeared before High Court Judge Justice Noor Ruwena Md Nordin on Sept 25 to ask for a stay of execution on his 15-year prison sentence and fine handed down in the RM2.28 billion 1Malaysia Development Berhad (1MDB) trial.
We apply for the stay now because there is the conditional pardon granted to him. After the SRC sentence is completed, the 1MDB sentence would kick in.
Muhammad Shafee Abdullah, Lead Defence Counsel
Shafee added that if the stay is granted and the RM50 million fine is paid by Oct 14, there is a strong possibility Najib could be released to house arrest on the same day. Deputy Public Prosecutor Mohamad Mustaffa P. Kunyalam told the court the prosecution intends to file an affidavit in response, and the judge fixed Oct 14 for the hearing.
The Malaysian Bar Mounts a Fresh Legal Challenge Over House Arrest
The legal profession is pushing back hard against the second pardon. Malaysian Bar president Anand Raj announced that the organization will challenge the conditional pardon through its solicitors, arguing that Malaysia possesses no existing legal framework or mechanism to execute a house arrest.
This marks the second judicial battle initiated by the Bar against the former leader’s clemency outcomes. The Bar is also maintaining its separate appeal against the High Court’s refusal to grant leave to challenge the January 2024 pardon, which had halved Najib’s original 12-year prison sentence and reduced his fine from RM210 million to RM50 million.
Anand pointed out that then High Court judge Alice Loke previously ruled in a case involving Najib that Malaysia has no legal mechanism for house arrest, a position also confirmed by the home minister. Constitutional lawyer Lim Wei Jiet echoed these concerns, noting that statutory power to release a prisoner on licence rests exclusively with the Commissioner-General of Prisons.
From our research to date, there appear to be no standard operating procedures or guidelines in place for ‘house arrests’.
Anand Raj, Malaysian Bar President
Scrutiny Surrounds Umno Public Fundraising and Returned Assets
In response to the royal decree, Najib’s party, Umno, launched a voluntary donation drive to help cover the 50 million ringgit fine. Umno secretary-general Asyraf Wajdi Dusuki reported that the fund raised over 1 million ringgit within a day of its launch, though the campaign also drew online mockery.
However, the fundraiser has generated legal and financial questions. Anand Raj questioned why Umno is soliciting public donations when millions in cash and assets seized during 2018 police raids were officially returned to Najib’s representatives after forfeiture proceedings failed.
Records show that RM114,164,393.44 seized in May 2018 was returned in June 2021, alongside jewellery, handbags, and spectacles returned to Datin Seri Rosmah Mansor and watches returned to Najib by June 2022. Given the substantial return of assets, the Malaysian Bar questioned the narrative that most of the former prime minister’s wealth remains frozen, noting that such a public fundraiser may involve other legal considerations.
Demands for Declassification and Transparency on Taxpayer Costs
Beyond the legal challenge, civil society groups and legal representatives are pressing federal authorities for full transparency regarding how home detention would operate. The Malaysian Bar adopted a joint statement alongside 37 civil society groups and 387 individuals demanding that the Federal Territories Pardons Board declassify and publish official meeting minutes regarding both pardon decisions.
The joint statement calls for the complete disclosure of monitoring protocols, enforcement authorities, and any additional taxpayer expenses required to maintain a high-profile prisoner under house arrest. Former economy minister Rafizi Ramli similarly urged Prime Minister Anwar Ibrahim to announce detailed conditions so that breaches can be properly enforced.
Legal observers warn that granting home detention to a prominent political figure creates a profound institutional precedent. Criminal lawyer S Sivananthan noted that the decision could open the floodgates for other white-collar convicts to demand similar treatment, leaving authorities to explain why standard prison walls suddenly became optional for select offenders.
