Former Sabah chief minister Musa Aman was granted leave by the Federal Court today to proceed with his appeal to be declared the rightful chief minister in 2018.
In a split 2-1 decision, the three-person apex court granted leave to Musa (above) during open-court proceedings this afternoon.
The bench chairperson, Federal Court judge Mohd Zawawi Salleh, issued the sole dissenting ruling to deny the leave application.
The majority ruling was delivered by two other members of the bench, Federal Court judges Abdul Rahman Sebli and Zabariah Mohd Yusof.
The apex court will later fix a date to hear the merits of the appeal.
It was reported that today was set for a decision on the appeal.
On Aug 28 last year, the Court of Appeal had dismissed Musa's appeal against the High Court's ruling that threw out his suit to be declared the rightful chief minister of Sabah.
The High Court had declared the lawsuit "academic".
Today’s decision was delivered following submissions from parties over the respondent’s preliminary objection against the granting of leave.
The apex court’s decision today also included a similar leave application by Tamparuli assemblyperson Jahid Jahim.
In delivering the majority 2-1 ruling, Abdul Rahman said the people of Sabah have the right to know whether the removal of Musa as Sabah chief minister was lawfully done.
Speaking also on behalf of fellow bench member Zabariah, Abdul Rahman said Musa and Jahid were granted leave because there is a valid question of law that is of constitutional importance and which has far-reaching implications, which the court should resolve.
He noted that today’s leave application has successfully crossed the threshold of Section 96 of the Courts of Judicature Act 1964.
Section 96 states that apex court leave to appeal against a Court of Appeal ruling is only allowed if the civil matter novel issues of importance in which the apex court deliberation over it would be to public advantage, among others.
“Our view is that the people of Sabah have the unalienable right to know whether the removal of Musa Aman as chief minister was done validly, lawfully and in line with Sabah’s state constitution.
“For this reason, Zabariah and I allow the application,” Abdul Rahman said.
Meanwhile, in his dissenting ruling, Mohd Zawawi said Musa and Jahid have failed to fulfil the requirements under Section 96 of the Courts of Judicature Act.
The judge ruled that the leave applications are unsustainable because it is not the function of the court to decide on a matter that would have no impact on the rights of the applicants, among others.
Mohd Zawawi also noted that the matter has become academic following the dissolution of the Sabah state assembly and the upcoming state polls on Sept 26.
“There is no live issue (for the Federal Court) to determine the right of the parties,” he ruled.
On Aug 17, it was reported that the Election Commission fixed Sept 26 for the Sabah polls and Sept 12 for nomination day.
During the open-court proceedings, Musa was seen seated in the court’s public gallery looking on.
When met by the media after the proceedings, the Sungai Sibuga assemblyperson said he would be issuing a media statement later over the ruling.
Counsel Tengku Fuad Tengku Ahmad and Firoz Hussein Ahmad Jamaluddin represented Musa and Jahid respectively.
Sabah State Attorney-General Brenndon Keith Soh led the legal team acting for respondents in the matter, namely Sabah Chief Minister Shafie Apdal and Sabah Governor Juhar Mahiruddin. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.