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PUTRAJAYA: The Federal Court agrees with Musa Aman’s assertion that his removal as Prime Minister of Sabah in 2018 must be heard on the grounds of public interest.
“It is public knowledge that this is not the first time that the people of Sabah have had to face this kind of political turmoil and constitutional crisis, and it will not be the last if it is not finally resolved by this court,” said Judge Abdul Rahman Sebli. . .
The judge appeared to be referring to the political instability that followed the 1985 and 1994 state elections.
Rahman went on to say that the 2009 constitutional and political crisis stemming from the impeachment of Perak menteri besar Mohammad Nizar Jamaluddin served as another reminder that the issues raised by Musa on the licensing issues needed to be resolved by the court.
Last week, Rahman and Judge Zabariah Mohd Yusof agreed by a 2-1 majority that Musa’s complaint, while academic, should be heard.
The bank’s chairman, Mohd Zawawi Salleh, who was in the minority, said the legal issues raised by Musa had no practical effect and would be a fruitless exercise.
In addition, he said that the 15th state assembly had been dissolved and that the Electoral Commission had set the nomination day on September 12, while the election day was September 26.
Rahman, whose 34-page sentence was released today, said the legal issues raised by Musa were of great constitutional importance and had far-reaching implications not only for the state of Sabah but also for the entire country.
“The people of Sabah have the inalienable right to know whether the removal of Musa was carried out in a valid, legal manner and in accordance with the Constitution of Sabah.
“As things stand, there is still no closure on the question of whether Musa had been legally removed from office,” he added.
Rahman said the governor removed Musa approximately 48 hours after his appointment on May 10, 2018, when there was no request for dissolution.
The judge said that the present case was in contrast to the Perak case, where the Perak menteri besar (Nizar) made a request to dissolve the assembly in accordance with article 16 (6) of the state constitution which the Sultan of Perak denied.
“Unlike the Sultan of Perak, who is a Malay hereditary ruler, the office of the TYT (governor) of Sabah is a creation of the Sabah Constitution.
“On this basis, TYT can only exercise such discretion or powers that are specifically listed in the Sabah Constitution. Unlike a sultan, the TYT does not have any reserve power related to that of a hereditary ruler, “he added.
In the last general election on May 9, 2018, the Musa-led Barisan Nasional (BN) won 29 seats. Shafie Apdal’s opposition coalition of Warisan, DAP and PKR won 29 seats, while Parti Solidariti Tanah Airku (STAR) won two seats.
BN and STAR, who had 31 seats in the 60-member assembly, entered a coalition government, prompting Musa to be sworn in as chief minister on May 10.
However, two days later, five members of the Upko assembly changed their allegiance to Shafie’s camp.
Shafie was then sworn in as prime minister, prompting Musa to request a statement from the court that he was still the rightful head of government because no vote of confidence had been taken against him.
High Court Judge Yew Jen Kie relied on the Perak case to argue that Governor Juhar Mahiruddin had the power to remove the prime minister.
On November 28, the Court of Appeal rejected Musa’s appeal against the High Court’s decision on the grounds that Shafie now had the majority support of the assembly members.
