Musa takes TYT, Shafie to court
Published on: Friday, May 18, 2018

Kota Kinabalu: Sabah Barisan Nasional chief Tan Sri Musa Aman filed a writ of summons against Head of State Tun Juhar Mahiruddin and new Chief Minister Datuk Seri Shafie Apdal, seeking a declaration that he is and remains the lawful Chief Minister and that the swearing in of Shafie within 24 hours lapse last Saturday is unconstitutional.Musa's counsel Tengku Fuad Tengku Ahmad, in a statement, Thursday, said Musa also seeks a declaration that any and all acts by Shafie whilst purporting to be the Chief Minister are also null, void and of no effect.

The suit, which named Juhar and Shafie as the first and second defendant, respectively, was filed at the High Court registrar via e-filing at 1pm, Thursday.

In his statement of claim, the plaintiff contends and will contend that the first defendant has no constitutional authority or power to:

- Dismiss, either expressly or constructively, the plaintiff as Chief Minister or to order that he cease such duties or;

- Deem the plaintiff as having resigned as Chief Minister or;

- Determine by way of discretion the confidence of the Assembly or;

- Swear-in a second Chief Minister and/or his Cabinet when the plaintiff has not tendered his resignation or has requested a dissolution of the Assembly or;

- Consider any purported petition delivered by the second defendant in respect of determining the confidence of the Assembly in the second defendant.

The plaintiff also contends that any such purported removal or dismissal is unconstitutional, unlawful and therefore is null, void and of no effect.

The plaintiff will also contend that the first defendant is not conferred any discretion under the Constitution of the State of Sabah in respect of the removal of any sitting Chief Minister.

The plaintiff further contends that the discretion of the first defendant is limited to the performance of his functions under Article 10(2) of the State Constitution, namely, (a) the appointment of a Chief Minister and (b) the withholding of consent to a request for the dissolution of the Legislative Assembly.

Apart from that, the first defendant shall act on the advice of the Chief Minister and such advice shall have effect and force upon the first defendant.

The plaintiff will further contend that he remains at all material times the lawful Chief Minister of Sabah.

Musa is also seeking a declaration that there was no revocation, removal or dismissal of his appointment as Chief Minister of Sabah; that the first defendant's act or acts subsequent to his appointment as Chief Minister with respect to the second defendant's purported appointment as Chief Minister is ultra vires the State Constitution, is null and void and of no effect.

He is also seeking a declaration that the first defendant acted unconstitutionally in appointing the second defendant's State Cabinet; that the failure, neglect and/or refusal to appoint his six nominated assemblymen by the first defendant as advised by him was contrary to the State Constitution.

Musa is also seeking a declaration that all acts and things done by the second defendant and/or his purported Cabinet after his purported appointment as the purported Chief Minister are null, void and of no effect; He is also seeking damages, discretionary interest, cost and other reliefs that deems fit by the court.

Tengku Fuad said that under the Rules of Court 2012, once served, both Juhar and Shafie will have 14 days to enter an appearance in the writ. The suit has been set for mention on June 19 before High Court Judge Ravinthran N. Paramaguru.

In the 14th general election on May 9, Sabah Barisan Nasional won 29 State seats.

Warisan won 21 State seats while its Pakatan Harapan allies, DAP garnered six seats and PKR two seats.

Two other state seats were won by Parti Solidariti Tanahairku (Star).

Musa was sworn-in to the post by the Head of State on May 10, after two seats of Star gave Sabah BN a simple majority to form a new State Government with 31.

He also duly formed the State Cabinet.

But the following day, Musa did not get the opportunity to appoint the six nominated assemblymen that he sought and the defection of six state BN assemblymen, due to the delay purportedly on the part of the Istana, handed Parti Warisan Sabah and its partner, the state PKR and DAP, the majority.

Following the turn of events, Parti Warisan Sabah President, Shafie, was sworn in as Chief Minister the next day on May 12. Shafie also subsequently introduced his Cabinet line-up. - Jo Ann Mool


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