Musa Aman, who was sworn in as chief minister two days before Shafie was sworn in, files writ of summons challenging the appointment.
KOTA KINABALU: Sabah Barisan Nasional chairman Musa Aman, who was sworn in as Sabah chief minister on May 10, today filed a writ of summons against the head of state, Juhar Mahiruddin, and Parti Warisan Sabah (Warisan) president Shafie Apdal.
The writ was filed by Messrs FT Ahmad & Co, who are acting for Musa.
It is learnt that in his writ, Musa is seeking a declaration, among others, that he is and remains the lawful chief minister of Sabah, and that the “purported swearing in” of Shafie as a second chief minister on May 12 by Juhar was unconstitutional.
The writ also seeks a declaration that any and all acts by Shafie, while purporting to be the chief minister, are null, void and of no effect.
Juhar and Shafie have 14 days to respond to the writ.
Yesterday, Shafie named his full Cabinet ministers and created new ministries.
According to the Sabah state constitution, Musa who was sworn in before Shafie, must resign as the chief minister before any other person can replace him in the post.
The constitution specifies that Juhar, as the head of state, does not have the power to remove Musa as the rightful chief minister.
Musa would have to be given a vote of no confidence in the state assembly, after which he would either dissolve the assembly or let the head of state appoint a new chief minister who commands the confidence of the majority of the elected assemblymen. -FMT
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