Federal Court Dismisses AGC’s Appeal in Najib’s Royal Addendum Judicial Review Case

PUTRAJAYA, Aug 13 — The Federal Court has dismissed the prosecution’s appeal against the Court of Appeal’s earlier decision to send Datuk Seri Najib Razak’s judicial review application—pertaining to a royal addendum order—back to the High Court for a full hearing.

The unanimous decision was delivered by a three-member panel led by Chief Judge of Malaya, Justice Hasnah Mohammed Hashim. Also sitting on the bench were Federal Court judges Justice Zabariah Mohd Yusof and Justice Hanipah Farikullah.

Reading the judgment, Justice Zabariah said the court took note of the Attorney General’s concession that the royal addendum exists, adding that this acknowledgment significantly influenced the legal questions before the court.

However, she clarified that the court was not ruling on whether the addendum formed part of the Yang di-Pertuan Agong’s pardons order. “The existence of the addendum order does not mean it is automatically admissible as evidence,” she said, stressing that Najib must still meet legal criteria for new evidence to be admitted.

Justice Zabariah further explained that the document’s existence did not equate to it being valid. “Its validity or authenticity remains to be determined through a substantive hearing. It would be inappropriate and unfair for this court to express any view on those issues at this stage,” she added.

The panel subsequently ordered that the case be remitted to the High Court for a full hearing before a different judge. No order as to costs was made.

The Federal Court also fixed August 18 for case management at the High Court.

Najib was represented by lead counsel Tan Sri Muhammad Shafee Abdullah. The Attorney General’s Chambers (AGC) team included Attorney General Tan Sri Dusuki Mohd Mokhtar and Senior Federal Counsels Shamsul Bolhassan and Ahmad Hanir Hambaly.

The AGC had sought to overturn a 2-1 majority ruling by the Court of Appeal on January 6, which allowed Najib’s case to be returned to the High Court to be heard on its merits.

The judicial review concerns a purported royal addendum order that may allow Najib, who is currently serving a prison sentence, to be placed under house arrest instead.