FORMER chief minister Musa Aman, who has gone missing since May 14, today filed a fresh summons against head of state Juhar Mahiruddin and Parti Warisan Sabah president Shafie Apdal.  

The new writ was filed by Messrs FT Ahmad & Co, which is acting for Musa, while the first summons filed on May 17 has been discontinued. 

Musa is seeking the court’s declaration that he remain the lawful chief minister of Sabah, and that the “purported swearing in” of Shafie as chief minister on May 12 by Juhar was unconstitutional. 

The originating summon is scheduled to be heard in a judge’s chamber at the Kota Kinabalu High Court on July 9 at 9am

In his originating summon, Musa asked the court to declare that “there had been no revocation of his appointment as well as refusal by Juhar to appoint the six assemblymen advised by him”.

Musa’s lawyer, Fuad Ahmad, could not be reached for comment. 

On June 5, Sabah Chief Minister Shafie Apdal applied to strike out Musa’s lawsuit on grounds that the latter had no basis to challenge his appointment. 

Shafie’s application was filed on Monday through his lawyers Messrs Lind Willie Wong & Chin. In his affidavit, he said that his party and allies – Upko, DAP and PKR – had the majority of seats in the state assembly. 

The Warisan-Pakahatan Harapan-Upko alliance has 35 assemblymen against the 25 under Sabah Barisan Nasional and Sabah Star. – June 6, 2018.