PARTI Warisan Sabah president Shafie Apdal is Sabah’s rightful chief minister, the Kota Kinabalu High Court ruled today after dismissing a suit by former chief minister Musa Aman.

High court judge Yew Jing Kie made the decision after going through submissions from both parties.

“The court contends that this issue is of high public concern and it, therefore, must make the decision in the best interest of Sabah’s people,” she told the court. 

Yew also awarded RM30,000 in costs to be divided between Shafie and the first defendant, the head of state Yang di-Pertua Negeri Juhar Mahiruddin.

Musa had filed an originating summons claiming himself as the legitimate chief minister against Juhar and Shafie after the latter was sworn in as chief minister on May 12, two days after Musa took his oath of office.

Juhar had also lodged a police report against Musa alleging intimidation over his swearing in.

In court earlier, Yew noted the police case against Musa.

“There’s also the point that the night Musa was sworn in, around 11.15pm on May 10, the head of state was under duress and that a police report has been lodged over the matter,” she said.

She also addressed articles in the Sabah constitution pertaining to the appointment of the chief minister, dissolution of the legislative assembly and how the the head of state is to act based on the advise of the chief minister.

Yew also said six Sabah assemblymen from Upko and Umno had defected to the Warisan-led coalition and gave Shafie the majority in the state assembly on the morning of May 11.

She noted that Juhar had summoned Musa to Astana Negeri on the morning of May 12 and advised him and his cabinet to resign.

“But Musa refused. So Juhar said, it doesn’t matter if you comply or refuse, I’m still going to appoint Shafie as the chief minister,” said Yew, quoting an affidavit by Juhar.

She said Juhar had also sent Musa a revocation of his appointment the same day.

Yew said the letter, however, was handed to Musa’s party as the former leader had already vacated the official residence at Sri Gaya and the chief minister’s office on May 14, adding that he could not be found.

She also said that the defecting assemblymen had signed statutory declarations on their allegiance to Shafie’s camp.

Yew said after going through all the submissions, there was no need for Shafie to undertake a vote of confidence in the legislative assembly, as he had already commanded the majority support in the state legislature.

She was also content that Juhar, as head of state, had fulfilled his duty to appoint a chief minister who commanded the confidence of the majority.

Musa’s counsel were Tengku Fuad Ahmad and co-counsel S. Vanugopal, while Shafie was represented by Douglas Lind and the State Attorney-General Zaleha Rose Pandin. – November 7, 2018.