Authority over pardons rests with the King, Yeoh says

KUALA LUMPUR, 25 SEPTEMBER 2026 —

PETALING JAYA: The authority to defer Datuk Seri Najib Razak’s pardon application rests exclusively with His Majesty Sultan Ibrahim, the King of Malaysia, according to Minister in the Prime Minister’s Department (Federal Territories) Hannah Yeoh.

In a statement released on Wednesday, September 16, Yeoh detailed her participation in the official meeting of the Pardons Board held last Friday, September 11. She confirmed that, in her capacity as a member of the board and the minister responsible for the Federal Territories, she provided her views after considering the written opinion of the Attorney General.

Yeoh emphasized that her contributions to the deliberations were made honestly, guided by her conscience and with the best interests of the nation in mind.

The minister reiterated that the constitutional mandate is clear: the authority and final decision rest with the Yang di-Pertuan Agong. This includes the specific decision to defer Datuk Seri Najib Razak’s pardon bid. By invoking Article 42, Yeoh underscored that the executive branch, including the cabinet and the Pardons Board, operates within a framework where the monarch holds the ultimate prerogative of mercy, a principle central to Malaysia’s constitutional monarchy.

The procedural context of the deferral was further illuminated by the actions of the royal court. On Friday, September 11, His Majesty consented to defer Najib’s application to the next scheduled meeting of the Pardons Board. This royal consent formalized the postponement, ensuring that the matter would be revisited in a future session rather than being resolved or rejected immediately during the September 11 proceedings.

The deferral mechanism allows for further consideration or additional inputs before a final determination is made by the King.

Prior to Yeoh’s statement, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said addressed media inquiries on Tuesday, September 15. Othman Said directed reporters to refer questions on the pardon matter to Yeoh, indicating a division of communication responsibilities within the cabinet regarding this specific institutional process. This referral highlighted Yeoh’s role as the primary spokesperson on the operational aspects of the Pardons Board’s recent activities.

The sequence of events shows the strict adherence to constitutional protocols in handling high-profile pardon applications. The involvement of the Attorney General’s written opinion, the collective deliberation of the Pardons Board, and the final royal consent illustrate the multi-layered nature of the clemency process in Malaysia. Each step is designed to ensure that decisions are made with due diligence and in accordance with the law, with the monarch serving as the final arbiter.

Yeoh’s statement serves to clarify the separation of powers in this context, reinforcing that while ministers and board members provide advice and views, the power to grant, refuse, or defer a pardon is not an executive decision made by the cabinet collectively, but a royal prerogative exercised by the Yang di-Pertuan Agong. This distinction is for understanding the legal and political dynamics surrounding Najib Razak’s ongoing legal and political status.

The deferral to the next Pardons Board meeting signifies that the process is ongoing and that no final outcome has been reached at this stage. The next meeting will provide the opportunity for the board to reconvene, potentially with new information or further deliberations, before presenting its recommendations to the King. Until such a time, the application remains in a state of suspension, awaiting the next procedural step in the constitutional framework.

This development highlights the continued relevance of the Pardons Board in Malaysian public life, particularly when dealing with former heads of government. The transparency provided by Yeoh’s statement aims to address public queries and ensure that the constitutional process is understood correctly, preventing misconceptions about the roles of various government officials in the clemency process.

The matter remains a significant point of interest for legal observers and the public, as the outcome of the next Pardons Board meeting and the subsequent royal decision will determine the final status of Najib Razak’s pardon application. The emphasis on the King’s authority serves as a reminder of the foundational role of the monarchy in the Malaysian constitutional system, particularly in matters of mercy and justice.

As the country awaits the next scheduled meeting of the Pardons Board, the focus remains on the procedural integrity of the process and the ultimate decision that will be made by His Majesty. The statements from the relevant ministers serve to maintain clarity and order in the public discourse surrounding this sensitive and high-profile legal matter.