Musa drops lawsuit but files originating summons

The Sabah BN chief had filed a suit against the governor and Chief Minister Shafie Apdal and sought a declaration that he was the lawful chief minister.

Sabah BN chief Musa Aman is being sought by the police. (Bernama pic)

KOTA KINABALU: Sabah Barisan Nasional (BN) chief Musa Aman has dropped his lawsuit against Sabah governor Juhar Mahiruddin and Chief Minister Shafie Apdal but has instead filed an originating summons which allows the case to proceed without the parties having to be present in court.

Musa’s counsel Tengku Fuad Ahmad said with the originating summons, there would only be paperwork and submissions minus the requirement for a trial.

“Originating summons means the parties do not need to appear in court. It will be decided by documents (such as) affidavits and documents.

“The hearing date will be expedited to next week if I’m not mistaken… we are still waiting for the date,” he said.

Musa, who was sworn in as Sabah chief minister on May 10, filed a writ of summons on May 17 against Juhar and Shafie, who is also the Parti Warisan Sabah (Warisan) president.

Musa was seeking a declaration, among others, that he remained 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.

The case was originally scheduled for hearing on June 19.

But a notice of discontinuance was issued today, while a new originating summons dated June 4 asked for all parties to be present at the judge’s chamber on July 9.

Fuad said the originating summons was also based on the same grounds as the previous lawsuit.

Musa also named Juhar and Shafie as the first and second defendants in the originating summons.

Lawyer Zahir Shah said Musa, who is the Sungai Sibuga assemblyman, was currently seeking medical treatment.

“Tan Sri Musa will be back as soon as his medical treatment is completed and his physicians are satisfied with his overall health condition,” he said without disclosing Musa’s whereabouts.

Musa is being sought by the police to help in investigations into a criminal intimidation report lodged by Juhar.

Musa has denied the allegation. Zahir said Musa regretted that Juhar had been dragged into the legal suit he had filed to decide whether he or Shafie was the rightful chief minister. -FMT