ISLAMABAD: A recent legislative change has shifted the ultimate appellate authority in National Accountability Bureau (NAB) cases from the Supreme Court to the newly formed Federal Constitutional Court (FCC), a move with significant consequences for Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan.
The National Accountability Bureau (Amendment) Act, 2026 introduces Section 32A, which designates the Federal Constitutional Court as the forum for second appeals against High Court rulings in NAB cases. This amendment means that key cases, including the high-profile £190 million Al-Qadir Trust corruption case, will now be decided by the FCC rather than the Supreme Court.
The newly inserted section states: “32A Second Appeal. Any person convicted or the Prosecutor General Accountability, if directed by the NAB chairman, who is aggrieved by the High Court’s decision under section 32, may file a second appeal to the Federal Constitutional Court within thirty days.”
Consequently, if Imran Khan’s conviction in any NAB reference, notably the £190 million case, is upheld by the High Court, his final appeal will be heard by the Federal Constitutional Court rather than the Supreme Court. This amendment represents one of the earliest major reallocations of appellate power following Pakistan’s judicial restructuring.
PTI insiders view the amendment as specifically targeted at Imran Khan, given his legal fate is closely linked to pending accountability proceedings. The £190 million case is considered the most severe corruption charge against the former prime minister, with its outcome potentially influencing both his criminal liability and political future.
While the amendment does not modify the substantive laws related to corruption or the grounds for challenging convictions, it fundamentally alters the appellate path by establishing the Federal Constitutional Court as the final arbiter in NAB convictions. Previously, appeals against High Court decisions could be taken to the Supreme Court.
For Imran Khan, the immediate impact is clear: any upheld conviction by the High Court in NAB cases, including the major £190 million reference, will now culminate in a final appeal before the Federal Constitutional Court. This shift is poised to influence not only the trajectory of accountability cases but also the broader political dynamics surrounding the PTI leader in the foreseeable future.
