Najib’s lawyer, Shafee Abdullah, said they had issues with Justice Alice Loke’s decision, which he said had caught them by surprise.

“We are disappointed with several issues (raised by the court), which were very critical, and feel that she did not analyse it properly,” he told reporters.

Earlier today, Loke said the Yang di-Pertuan Agong was a constitutional monarch, and that his powers and functions were exercised in accordance with the provisions of the Federal Constitution.

She said the exercise “of the prerogative power of mercy” was “no exception”.

She also said that the addendum order was not deliberated or decided at the 61st Federal Territories Pardons Board (FTPB) meeting, and that there was no compliance with Article 42 of the constitution.

“Consequently, it is not a valid order. The respondents have no power and no duty to obey or enforce it. Conversely, the applicant has no right to the relief of mandamus,” Loke said.

She also ruled that the applicant’s argument – that the king was not obliged to make decisions during the FTPB meeting – had no legal basis and was untenable.

Najib, 72, was convicted of misappropriating RM42 million in SRC International Sdn Bhd funds and has been serving his sentence at Kajang prison since Aug 23, 2022.

In 2024, the FTPB halved his prison term from 12 years to six and reduced his fine from RM210 million to RM50 million.

A judicial review was filed last year seeking to compel the government to execute the addendum, or supplementary decree, to place him under house arrest.