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KOTA KINABALU: All parties must accept the Court of Appeal’s decision to dismiss the appeal filed by 33 assembly members against a High Court ruling on the decision of the Governor of Sabah, Juhar Mahiruddin, to dissolve the state legislature on July 30.
Sabah’s Acting Chief Minister Shafie Apdal said the court had provided a platform for stakeholders to make their voices heard.
“With that decision, the people of Sabah will take their responsibility and decide who will rule the state in the Sabah state elections,” he said in a video posted today on his Facebook page.
The Court of Appeal also rejected a request by the 33 assembly members to suspend today’s sentence pending a request for authorization to appeal to the Federal Court.
On August 21, the High Court had rejected the request of the 33 assemblymen who ruled that Shafie had acted within the Sabah Constitution by requesting Juhar to dissolve the state assembly and said that the proclamation to dissolve the state assembly was constitutional and valid.
In their request for authorization for judicial review, the assemblymen had requested court orders to quash Shafie’s request to Juhar to dissolve the assembly; annul the proclamation of the dissolution of the assembly; and cancel the notice from the official Sabah state government gazette of the dissolution.
The 33 elected representatives affirmed on July 29 that they constituted the majority in the state assembly and wanted Juhar to swear in a new government that would overthrow the state government led by President Warisan.
Shafie, who is a Semporna MP and Senallang’s incumbent assemblyman, anticipated Musa’s move by advising Juhar to dissolve the state assembly, which had 65 members at the time, including five nominated assemblymen.
With this ruling, the state election will proceed as scheduled. The Electoral Commission has set September 12 for the nomination and September 26 for voting.
