The Kota Kinabalu High Court has dismissed an application by former chief minister Musa Aman and 32 others for a judicial review against the dissolution of the Sabah state legislative assembly.
According to a Bernama report through Facebook live, judicial commissioner Leonard David Shim delivered the decision this morning.
"A colleague of mine who is in the courtroom right now just sent an update, saying that the Kota Kinabalu High Court has dismissed the application from Musa and 32 state assemblypersons to quash the Sabah governor's decision to dissolve the Sabah state assembly through a proclamation on July 30," Bernama reporter Syed Iylia Hariz said.
Following a failed attempt to topple the Sabah government led by Shafie Apdal, Musa and 32 state assemblypersons who support him filed a legal challenge, naming Governor Juhar Mahiruddin and the Warisan president as the first and second respondents.
The 33 applicants are Musa, Bolkiah Ismail (Pitas), Julita Mojungki (Matunggong), Anita Baranting (Tandek), Musbah Jamli (Tempasuk), Japlin Akim (Usukan), Jahid Jahim (Tamparuli), Hajiji Mohd Noor (Sulaman), Joniston Bangkuai (Kiulu), Kenny Chua (Inanam), Ghulam Haider Khan (Kawang), Mohd Ariffin Ariff (Membakut), Isnin Aliasnin (Klias), Limus Jury (Klias), Matbali Musah (Sindumin), Dr Joachim Gunsalam (Kundasang), Masidi Manjun (Karanaan), Abidin Madingkir (Paginanatan), Jeffrey Kitingan (Tambunan), Robert Tawik (Bingkor), Jamawi Jaafar (Kemabong), Ellron Angin (Sook), Bobbey Ahfang Suan (Nabawan), James Ratib (Sugud), Abdul Rahman Kongkawang (Labuk), Masiung Banah (Kuamut), Saddi Abdul Rahman (Sukau), Niuzam Abu Bakar Titingan (Apas), Hamisa Samat (Tg Batu), Abdul Muis Picho (Sebatik), Osman Jamal (Balung), nominated assemblyperson Jaffari Waliam and Ronnie Loh.
Meanwhile, lawyer Tengku Fuad Ahmad, who represents the 33, when met by reporters outside the courtroom this morning said they are appealing the court’s decision.
He said the applicants disagree with the judge's decision, particularly over the interpretation of the words 'advice' and 'request' stipulated in the state constitution.
"Unfortunately, where we disagree with the judge is the use of the word advice and the use of the word request. We will be taking this up to the Court of Appeal.
"In Sabah, we don’t view request and advice as to the same thing. They might be the same thing in Perak, or in Kedah, or in Malayan states. In those states, they have a sultan, and in Sabah, we have a governor who is not a royalty.
"So, my instructions were to appeal with the Court of Appeal, and my office has filed the appeal five minutes ago as we have prepared for this," he said.
It is believed that Fuad was referring to the interpretation of Article 10 of the state constitution, which concerns the power of Sabah governor to accept or withhold consent to a request to dissolve the Sabah state assembly.
The article also stipulates that a governor, in exercising his functions, shall act in accordance with the advice of the state cabinet.
"In the exercise of his functions under this Constitution or any other law, or as a member of the Conference of Rulers, the Yang Dipertua Negeri shall act in accordance with the advice of the cabinet or of a member thereof acting under the general authority of the cabinet, except as otherwise provided by the Federal Constitution or this Constitution; but shall be entitled, at his request, to any information concerning the government of the state which is available to the cabinet," the article stated.
Following the dissolution of the state assembly announced by Shafie on July 30, the Election Commission held a meeting on Monday where it fixed this Sept 26 as the polling date, while Sept 12 was set as the nomination date. - Mkini
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