KUALA LUMPUR (Dec 8): Former premier Datuk Seri Najib Razak (pictured) remains a member of parliament (MP) despite the Court of Appeal’s decision on Wednesday (Dec 8) to uphold his conviction and sentence in the RM42 million SRC International Sdn Bhd case, a lawyer said.
Citing Article 48 (4) (b) of the Federal Constitution, lawyer Muhammad Rafique Rashid Ali said the effective date of disqualification for a convicted MP is when the Federal Court makes a final decision.
“Therefore, Najib can still attend the Dewan Rakyat sessions, and debate and vote on any motion,” he said in a statement.
Muhammad Rafique, who is also the Federal Territories Parti Pejuang Tanah Air Deputy Chief, said in accordance with Article 53 of the constitution, the Pekan parliamentary seat will not automatically become vacant if Najib files an appeal to the apex court.
“It will only become empty automatically if Najib does not make any appeal to the higher court. The vacancy will only occur automatically after the Federal Court as the last forum of the court of law upholds the High Court conviction,” he added.
On whether Najib can be nominated again as a candidate for the Pekan seat if the next general election is held before the Federal Court's decision, Muhammad Rafique is of the view that this was not possible.
“For the purpose of nomination to the Dewan Rakyat seat, Article 48 (5) states that the conviction is effective immediately. This means that the High Court's conviction and the Court of Appeal’s decision are effective immediately to disqualify Najib from being nominated as the Barisan Nasional candidate for the Pekan seat," the lawyer said.
The Court of Appeal on Wednesday upheld the conviction and the 12-year jail and RM12 million fine sentence of Najib in the SRC case. It also allowed his application for a stay of execution of his sentence, pending an appeal to the Federal Court.
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