PARLIAMENT has no power to stop jailed former prime minister Najib Razak (Pekan-BN) from attending sessions, Dewan Rakyat Speaker Azhar Azizan Harun said in the debating chamber today. 

According to Azhar, he does not have the power to prevent any parliamentarian from entering the Dewan Rakyat chambers. 

In Najib’s situation, Azhar said that the Prisons Department has the authority to decide whether he can be given a temporary release to attend.

“Regarding Najib’s attendance, it is not in my power at all. I have no power to (decide) in allowing him to come,” the speaker said in response to a suggestion from Hanipa Maidin (Sepang-PH) that Najib should be allowed to attend in handcuffs. 

“If he attends, then he does not need to ask my permission to enter but the question now is that he can be attend?

“Well, that is not under my jurisdiction because he is not in my custody. Who has his custody? The prison has custody of him. 

“It is up to the prison to release him from custody. That is not within my power,” Azhar added. 

Azhar said it was up to the prison authorities to set the conditions for any such release.

Earlier, Hanipa asked if the speaker would consider allowing Najib into the chamber during proceedings.

“I suggest we allow him to attend, but with a condition that he should be handcuffed. 

“He can suit up the similar to the other MPs, but he must be cuffed. 

“The whole world wants to see how a handcuffed MP attends parliament,” he said. 

Azhar laughed at the suggestion. 

Najib was ordered to begin serving his 12-year prison sentence in August, having lost his Federal Court appeal against his conviction for misappropriating RM42 million in SRC International funds.

Following Hanipa’s suggestion, Khalid Abdul Samad (Shah Alam-PH) asked when Najib would forfeit his seat in parliament.

“He has been found guilty, and all his appeals in all courts have been rejected. 

“Technically, he should lose his membership of the House. 

“If he is granted a pardon in the future, then we can reinstate him as an MP. We have to follow the process. One by one.

“I don’t think we should accept a convict – who has robbed the country a huge amount of money – into the House,” Khalid said.

However, Azhar said in article 48(4)(c) of the Federal Constitution, in the event of a petition filed by a convicted MP for a pardon, any disqualification shall only take effect upon the disposal of that petition. 

“That is the provision under the constitution. I’m bound to it. 

“The law is as it is. Not as it should be or as it ought to be. 

“We can go on fighting till all the cows come home as what to the law is it ought to be, but the most important thing is how the law is,” he said. – October 3, 2022.