Malaysia's top court sends Najib's house-arrest bid back to High Court, accepting a royal order exists

Outside the Federal Court in Putrajaya on August 13, more than 100 supporters of Najib Razak gathered while a three-member panel inside delivered a unanimous ruling. Najib, the jailed former prime minister, had won a significant step in his effort to serve the rest of his sentence at home.

The court said it accepted that a royal document relating to house arrest for Najib exists. It said it was not in a position to determine whether that document is authentic. Instead of settling the matter, it sent the case back to the High Court. "We remit the case to the High Court for the hearing of the substantive judicial review proceedings before a new judge," said Federal Court judge Zabariah Mohd Yusof. The court refused a request from Najib's lawyer to hear further arguments.

Najib has been imprisoned since August 2022 in one of several cases tied to the state investor 1Malaysia Development Berhad, or 1MDB. He was found guilty in 2020 of criminal breach of trust and abuse of power for illegally receiving funds misappropriated from a unit of the fund. In January 2024, Sultan Abdullah Ahmad Shah, then the king, pardoned him and halved his sentence from 12 years to six. Najib says an addendum order accompanied that pardon, entitling him to serve the remainder under house arrest.

He began a judicial review in April 2024 to compel the authorities to confirm the order exists and to carry it out. The Kuala Lumpur High Court first dismissed the bid. That outcome was overturned on appeal in January this year, after Najib's lawyers produced a letter from the former king's palace saying an addendum had been issued. The Attorney-General's office then appealed, questioning whether the document was admissible.

The affair has fascinated Malaysia. For months, several government authorities, including members of the pardons board, denied knowing of any such royal document, even as the former king's office confirmed it had been issued.

A turning point came in July, when a lawyer acting for the Attorney-General told the court he did not dispute that the document exists. His objection was to the way it was being put forward as evidence. The Federal Court said that concession weighed heavily on its decision. "As of now, the addendum order exists and its status vis-a-vis its validity or whether it is true needs to be ascertained at a substantive hearing," Judge Zabariah said.

The ruling is expected to strengthen calls from Najib's party, Umno, for him to be granted house arrest. Umno campaigned against Prime Minister Anwar Ibrahim but joined his coalition government after the 2022 election produced a hung Parliament. Najib lost the 2018 election amid public anger over 1MDB. He denies all the charges against him.

House arrest would not end his legal troubles. Although some 1MDB-linked charges have been dropped, he still awaits a verdict in the biggest trial he faces over the scandal, with closing arguments expected in October. The High Court has fixed August 18 to hear the case, before a new judge who must now decide whether the addendum is genuine.