Najib, 73, is seeking a stay of execution until all avenues of appeal in the criminal case are exhausted. The sentence was originally handed down on December 26 last year by Datuk Collin Lawrence Sequerah, who is now a Federal Court judge. In that ruling, Sequerah convicted Najib of four charges of abusing his position to obtain RM2.3 billion in 1MDB funds.
The court ordered Najib to pay a fine of RM11.38 billion, with an additional 10 years in prison if he fails to pay. He was also ordered to pay a recoverable sum of RM2.081 billion. Under the standard procedural timeline, the 15-year sentence is scheduled to commence in August 2028, after Najib completes his reduced prison term in a separate case involving SRC International Sdn Bhd.
The application for a stay comes shortly after the Federal Territories Pardons Board announced on September 18 that Najib could serve the remainder of his reduced SRC sentence under house arrest until August 23, 2028. This clemency, granted by King Sultan Ibrahim Iskandar, is conditional upon Najib paying a RM50 million fine as part of his SRC sentence. His lawyer, Tan Sri Muhammad Shafee Abdullah, stated that Najib has yet to pay this amount, noting that many of his assets remain frozen by the government. The Attorney General has not yet announced specific guidelines for the proposed house arrest, as Malaysia currently lacks legislation governing such arrangements.
In the SRC case, the court had previously upheld Najib’s conviction for abuse of power, criminal breach of trust, and money laundering, along with a 12-year prison sentence and RM210 million fine. In 2024, the Pardons Board under the then King Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah reduced these penalties to six years in prison and a RM50 million fine.
United States and Malaysian investigators have stated that at least US$4.5 billion was stolen from 1MDB, with approximately US$1 billion flowing into accounts linked to Najib. Najib has consistently denied wrongdoing, maintaining his innocence and stating that he was misled by others regarding the source of the funds in his accounts. He has apologized for mishandling the scandal but rejects the criminal charges.
The High Court noted that Najib’s application was filed with a certificate of urgency, an unusual step given that stays of execution are typically sought immediately following a court decision. The current application was filed nine months after the original sentencing. If the court grants the stay, it would pause the 15-year term and the massive fine until the appeals process is complete.
Deputy public prosecutor Mohamad Mustafa P Kunyalam appeared for the prosecution during the case management hearing. Legal observers note that the outcome of this hearing will significantly impact Najib’s freedom during the appeal period. If the stay is granted and the RM50 million house arrest fine is paid, there is a possibility he could be released from his current confinement earlier than previously scheduled, though the specific terms of the house arrest order remain unclear as official documents have not yet been received by his legal team.
Najib’s political party, the United Malays National Organisation, has launched a fundraising drive among supporters to help secure his release and cover the required fines. The next major procedural step is the October 14 hearing, which will determine the immediate legal status of the 1MDB conviction and sentence.
