Ex-law lecturer defends Sabah CM verdict despite comparisons to Perak crisis

Shafie Apdal waves at his supporters after the court verdict declaring him the rightful chief minister of Sabah. (Bernama pic)

PETALING JAYA: A critic who was once probed for sedition for saying that sultans have no power to appoint a menteri besar, has defended the court’s judgment in Sabah yesterday, despite the judge saying it was based on the controversial decision by the Federal Court in 2010 that effectively gave the Perak ruler authority to appoint the menteri besar.

Abdul Aziz Bari, a former law lecturer who later joined DAP, said he found no wrong in the Kota Kinabalu High Court’s decision to approve Sabah governor Juhad Mahiruddin’s appointment of Shafie Apdal as the chief minister, and to sack Musa Aman without the need to hold a vote of no confidence in the state assembly.

In explaining the decision, judge Yew Jen Kie had cited the controversial 2010 verdict of the Federal Court in Putrajaya, saying the case on the rightful menteri besar of Perak had laid down the legal principles in her judgment.

In that case, the apex court ruled that Zambry Abdul Kadir was the rightful Perak menteri besar after he was sworn in by the Perak sultan. Critics said then that the sultan had no power to swear in Zambry unless the incumbent menteri besar was ousted through a vote in the state assembly.

Zambry took over from Nizar Jamaluddin, who was menteri besar of the then-Pakatan Rakyat (PR) state government which took power in the March 2008 election. Nizar’s administration, however, collapsed 10 months later following defections by three assemblymen to Barisan Nasional (BN).

Aziz said the Perak case was “different” because it involved the “mysterious disappearance” of some assemblymen.

Abdul Aziz Bari.

“At that time, there was also interference from the federal government by then-deputy prime minister Najib Razak,” he told FMT.

Aziz, who is now part of the Perak state government, also claimed that the ruling yesterday was fair as it did not involve any harassment, threat or kidnapping.

He said the court was right in keeping Shafie as chief minister, adding that it was a practical decision to avoid disruption.

“Imagine if Musa were the Sabah chief minister today. Wouldn’t it be disruptive as Shafie has been the chief minister for six months?” he said, adding that the judgment had looked at the context and circumstances surrounding the issue.

At the centre of the dispute over the rightful Sabah chief minister was the swearing-in of Shafie by the governor less than 48 hours after Musa took the same oath, following Sabah BN’s simple majority win in the May election.

After several defections from Sabah Umno and Upko, Shafie claimed he had the confidence of the majority of assemblymen, and was sworn in as chief minister.

Musa however refused to resign, saying Shafie’s appointment was unconstitutional, and that only a vote in the state assembly could sack a chief minister.

The case parallels that of the Perak crisis, which was triggered by three PR assemblymen switching allegiance to BN. The PR coalition at the time accused Najib of masterminding the defections with bribes, while Nizar refused to vacate his post despite an order from the palace.

Aziz also said he did not find anything wrong with party-hopping as long as it did not involve corrupt tactics.

“It’s one of those things that we cannot prevent. It’s their right to change their parties. Who they want to be with is entirely up to them,” he said. - FMT