Six businessmen have filed a suit against the Sabah government and Petroleum Nasional Bhd (Petronas), citing the federal government's taking of all the oil extracted in the state as illegal as this goes against the Malaysia Agreement 1963 and the Federal Constitution.
The suit was filed in the High Court in Kota Kinabalu earlier this week by Zainnal Ajamin, Lahirul Latigu, Mohd Julpikar Ab Mijan, Joseph Wilfred, Duli @ Dullie Mari and Michael Peter Govind.
The group, calling themselves 'R for Sabah' (or Royalty for Sabah) claim that the Petroleum Agreement signed in 1976 by then Sabah chief minister Harris Salleh and Petronas is also ultra vires (beyond the powers) of the Federal Constitution.
The suit was filed by Sabah-based law firm Marcel Jude Joseph & Co.
The plaintiffs claim that the present federal government and Pakatan Rakyat have no right to determine the quantum of Sabah's oil royalty payment as this will be the job of the state government to determine.
As far as petrol justice is concerned, the six argue, it is unenforceable as it contravenes Article 13 (2) of the Federal Constitution that states no law shall provide for compulsory acquisition or the use of property without compensation.
The suit was filed in the High Court in Kota Kinabalu earlier this week by Zainnal Ajamin, Lahirul Latigu, Mohd Julpikar Ab Mijan, Joseph Wilfred, Duli @ Dullie Mari and Michael Peter Govind.
The group, calling themselves 'R for Sabah' (or Royalty for Sabah) claim that the Petroleum Agreement signed in 1976 by then Sabah chief minister Harris Salleh and Petronas is also ultra vires (beyond the powers) of the Federal Constitution.The suit was filed by Sabah-based law firm Marcel Jude Joseph & Co.
The plaintiffs claim that the present federal government and Pakatan Rakyat have no right to determine the quantum of Sabah's oil royalty payment as this will be the job of the state government to determine.
As far as petrol justice is concerned, the six argue, it is unenforceable as it contravenes Article 13 (2) of the Federal Constitution that states no law shall provide for compulsory acquisition or the use of property without compensation.
'All the oil belongs to Sabahans'
They claimed the declaration had failed to recognise that Sabah is entitled to 100 percent of the proceeds and income from the extraction of petroleum, offshore as well as onshore of Sabah waters
They want the High Court to declare the Petroleum Agreement and the Petroleum Development Act signed between the Sabah government and Petronas null and void and ultra vires the federal constitution.
They also want the court to assess the damages, costs and statutory interests.
Zainnal Ajamin, who is leading the group, said both sides of the political divide have of late been promising and assuring the people of Sabah that petroleum issues are high on their agendas.
He said Sabah Chief Minister Musa Aman announced recently that the state government planned to renegotiate the Petroleum Agreement it signed with Petronas in 1976, under which the state government is given five percent of the value of oil found onshore and offshore Sabah, with 95 percent going to the federal government.
Several more suits to be filed nationwide
"At the same time opposition parties, basically PKR, are promising the Sabah people that if they form the government they will increase the amount to 20 percent of the value of oil found in Sabah. The local opposition parties are asserting that they will accept a similar quantum."
Zainnal Ajamin and his group said neither the state government nor the opposition have any right to determine the quantum of oil due to Sabah.
"100 percent of the oil belongs to the people of Sabah. It should be given back to them and let the impending state government decide as to how much should be given to the federal government, whichever it may be."
Zainnal Ajamin said the legal action against Petronas and its agents for denying oil-producing states from enjoying their God-given wealth could be expected to be carried out nationwide.
"Similar suits will be filed in Kelantan, Terengganu and Sarawak," he said.
Zainnal Ajamin and his group will also attend an oil rights group event at Dataran Kemerdekaan in Shah Alam, Selangor, on Oct 2, after which they will take part in a convoy to the Palace of Justice in Putrajaya.
They claimed the declaration had failed to recognise that Sabah is entitled to 100 percent of the proceeds and income from the extraction of petroleum, offshore as well as onshore of Sabah waters
They want the High Court to declare the Petroleum Agreement and the Petroleum Development Act signed between the Sabah government and Petronas null and void and ultra vires the federal constitution.
They also want the court to assess the damages, costs and statutory interests.
Zainnal Ajamin, who is leading the group, said both sides of the political divide have of late been promising and assuring the people of Sabah that petroleum issues are high on their agendas.
He said Sabah Chief Minister Musa Aman announced recently that the state government planned to renegotiate the Petroleum Agreement it signed with Petronas in 1976, under which the state government is given five percent of the value of oil found onshore and offshore Sabah, with 95 percent going to the federal government.
Several more suits to be filed nationwide
"At the same time opposition parties, basically PKR, are promising the Sabah people that if they form the government they will increase the amount to 20 percent of the value of oil found in Sabah. The local opposition parties are asserting that they will accept a similar quantum."
Zainnal Ajamin and his group said neither the state government nor the opposition have any right to determine the quantum of oil due to Sabah.
"100 percent of the oil belongs to the people of Sabah. It should be given back to them and let the impending state government decide as to how much should be given to the federal government, whichever it may be."
Zainnal Ajamin said the legal action against Petronas and its agents for denying oil-producing states from enjoying their God-given wealth could be expected to be carried out nationwide.
"Similar suits will be filed in Kelantan, Terengganu and Sarawak," he said.
Zainnal Ajamin and his group will also attend an oil rights group event at Dataran Kemerdekaan in Shah Alam, Selangor, on Oct 2, after which they will take part in a convoy to the Palace of Justice in Putrajaya.
Susah mahu ubah hal yang sudah termetrai dalam perjanjian oo.
ReplyDeleteSerahkan saja hal ini pada mahkamah kita lihat nanti apa kata mahkamah.
ReplyDeletekita tgk apa keputusan mahkamah berhubung kes ini.
DeleteKalau kita lihat sendiri semakin hari semakin ada perubahan yang berlaku dengan ekonomi Negara.
ReplyDeleteJadi apa salahnya jika kerajaan menyemak semula perkara yang sudah lama berlaku ini.
ReplyDeleteIni satu usaha untuk kebaikkan semua. Jadi perlu disemak semula untuk memastikan penduduk Sabah mendapat manfaat daripada royalti tersebut.
ReplyDeleteRoyalti adalah hak penduduk Sabah. Jadi perlu digunakan sebaiknya apa yang perlu dengna royalti tersebut.
ReplyDeleteSabah patut mendapat manfaat sepatutnya dari hasil minyak petronas.
DeleteJangan terpedaya dengan permainan yang direka oleh pihak pembangkang mengenai perkara ini. Kununya akan memberikan royalti sehingga 50% kepada rakyat Sabah. Semua itu cuma perangkap semata-mata.
ReplyDeleteKerajaan Negeri dibawah ketua Menteri Sabah Datuk Musa Aman sedang menyuarakan mengenai perkara ini kepada Kerajaan Persekutuan. Maka kita harap akan ada berita baik daripada kerajaan Negeri.
ReplyDeleteKerajaan Sabah percaya dan yakin bahawa formula perkongsian royalti petroleum masih boleh dirunding lagi.
ReplyDeleteKetua Menteri Datuk Seri Musa Aman berkata formula yang menyaksikan Sabah dan Sarawak menerima hasil petroleum 5% dalam bentuk royalti boleh dikaji lagi.
DeleteMusa berkata beliau yakin kerajaan persekutuan terbuka kepada rundingan. Perdana Menteri adalah seorang pemimpin yang prihatin dan sentiasa bersedia untuk mendengar apa yang rakyat terpaksa katakan. PM pasti akan mempertimbangkan kepentingan terbaik kepada semua mereka yang terlibat
DeleteHubungan rapat antara kerajaan negeri dan persekutuan telah menyebabkan Sabah menerima pembiayaan yang besar untuk memacu program pembangunan Sabah
Deletebanyak pemimpin-pemimpin politik Sarawak telah berkata bahawa kajian royalti petroleum juga harus termasuk Sarawak dan Sabah kerana kedua-duanya adalah penyumbang utama kepada pengeluaran petroleum negara.
Deletethe federal government's taking of all the oil extracted in the state?
ReplyDeleteSabahans should view Petronas’ contribution to the development of the state’s oil and gas sector positively. there was no doubt that Petronas was already contributing to the state’s economy especially in terms of creating employment and business opportunities.
the federal government's taking of all the oil extracted in the state?
ReplyDeleteall Petronas petrol stations in the state is 100 per cent owned by locals and this does not include opportunities for local contractors to take part in the massive projects undertaken by the national oil corporation in Kimanis and Sipitang..
the federal government's taking of all the oil extracted in the state?
ReplyDeleteup to August last year, Petronas had invested about RM61bil in the upstream and downstream activities of Sabah’s petroleum sector, thus contributing significantly to the state’s development.
the federal government's taking of all the oil extracted in the state?
ReplyDeletePetronas’contribution to the state must be viewed in the overall context and not from the point of royalty alone. Petronas has been forging ahead with upstream and downstream oil and gas projects involving a combined capital investment of RM45 billion.
the federal government's taking of all the oil extracted in the state?
ReplyDeleteThe oil corporation was now moving full steam ahead with attention focused on Petronas’ massive investment in Kimanis and Sipitang, which included the Sabah Oil Gas Terminal, the Kimanis Gas Fired Power Plant Ammonia and the Urea Plant Project in Sipitang.
the federal government's taking of all the oil extracted in the state?
ReplyDeleteThe overall petronas investments in this state will result in great economic spin-offs for thousands of Sabahans residing in Papar, Kimanis, Beaufort and Sipitang.
the federal government's taking of all the oil extracted in the state?
ReplyDeletechief minister Datuk Seri Musa Aman assured that the state government would extend its full support and assistance to facilitate Petronas-related activities in Sabah.
the federal government's taking of all the oil extracted in the state?
ReplyDeleteCiting the Sabah Ammonia-Urea plant project owned by Petronas Chemicals Group Bhd in Sipitang, Musa said Sabah firms were set to be awarded contracts worth some RM600 million in the project.this also signifies the earnestness of Petronas in giving Malaysians in Sabah opportunities to be players in the business of oil and gas..