NAB Law Amendment Makes Federal Constitutional Court Final Appellate Forum in Accountability Cases

NAB amendment marks first major transfer of appellate jurisdiction from Supreme Court to FCC

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ISLAMABAD: A recent amendment to Pakistan’s National Accountability Bureau (NAB) law has transferred the final appellate jurisdiction in accountability cases from the Supreme Court of Pakistan to the newly established Federal Constitutional Court (FCC), marking a significant change in the country’s judicial framework.

The amendment, introduced through the National Accountability Bureau (Amendment) Act, 2026, inserts a new Section 32A, which designates the Federal Constitutional Court as the forum for second appeals against High Court judgments in NAB cases.

New Section 32A Defines Appeal Process

According to the amended law, any person convicted in a NAB case—or the Prosecutor General Accountability, if directed by the NAB chairman—may file a second appeal before the Federal Constitutional Court within 30 days of a High Court decision.

Previously, litigants could challenge High Court verdicts in accountability cases before the Supreme Court. Under the new legal framework, however, the Federal Constitutional Court will hear such second appeals.

The amendment is among the first major transfers of appellate jurisdiction from the Supreme Court to the FCC following recent constitutional changes to Pakistan’s superior judiciary.

Potential Impact on Imran Khan’s Pending NAB Cases

The legal amendment could have significant implications for Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, who is facing multiple accountability cases under the NAB law.

According to sources cited in the report, the PTI leadership believes that if any High Court decision is issued in NAB references against Imran Khan—including the £190 million (Al-Qadir Trust) case—the final statutory appeal would now be heard by the Federal Constitutional Court instead of the Supreme Court.

The £190 million case is widely regarded as the most significant corruption case pending against the former prime minister and is considered politically and legally important due to its potential impact on his future.

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PTI Describes Amendment as Targeted Legislation

According to PTI sources quoted in the report, the party views the amendment as legislation specifically affecting Imran Khan because of the accountability proceedings currently pending against him.

The sources argue that the timing and scope of the legal change could directly influence the forum where appeals in his NAB cases will ultimately be decided.

However, the amendment itself does not change the legal definition of corruption offences, the standards of evidence, or the grounds on which convictions may be challenged. Instead, it changes only the judicial forum that will hear the final statutory appeal.

Judicial Structure Changes

Legal experts note that the amendment represents a procedural change rather than a substantive one. While the process for appealing NAB convictions has been altered, the existing provisions governing accountability cases remain unchanged.

Under the revised law, once a High Court delivers its judgment in a NAB matter, any second appeal will now be filed before the Federal Constitutional Court within the prescribed legal timeframe.

Political and Legal Significance

The amendment is expected to play an important role in the future of high-profile accountability cases, particularly those involving political leaders.

Given the prominence of the pending NAB references against Imran Khan, legal observers say the new appellate framework could influence the course of future litigation. The eventual outcome of these cases may have broader political implications, although any decisions will ultimately depend on judicial proceedings and the merits of each case before the courts.

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