Following a failed attempt to topple the Sabah state government led by Shafie Apdal, former chief minister Musa Aman has filed a legal challenge naming Governor Juhar Mahiruddin and the Warisan president as the first and second respondents.
The Sungai Sibuga assemblyperson, along with 32 others, had on Monday filed a judicial review application at the Kota Kinabalu High Court to challenge the July 30 dissolution of the Sabah state assembly.
The application is expected to be heard tomorrow before Sarawak High Court judge Judicial Commissioner Leonard Chin.
According to court documents sighted by Malaysiakini, the group is seeking to obtain an injunction on the dissolution of the assembly and to question the July 29 written request from Shafie (above, left) as chief minister to Juhar, seeking to dissolve the assembly.
The 33 assemblypersons also named the Election Commission and the state government as the third and fourth respondents respectively.
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) and nominated assemblyperson Jaffari Waliam and Ronnie Loh.
According to The Star, lawyers for the assemblypersons are expected to argue that the governor did not dissolve the assembly in accordance with the requirements of the Sabah Constitution under Article 21(2) and also the spirit of Article 7(1) on a chief minister losing the majority support.
The report also stated it is understood that Sabah Attorney-General Brenddon Keith Soh will appear on behalf of Juhar (below) and the state government.
Earlier today, the Sabah palace denied a claim of receiving 33 statutory declarations (SD) supporting Musa as the Perikatan Nasional choice for chief minister of the state.
Last week, Musa claimed that he had a simple majority in the 65-member Sabah assembly following the defection of 13 assemblypersons from the Warisan Plus government. - Mkini
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