MUSA Aman, who was a no-show at his swearing-in as an assemblyman today, has been allowed to challenge the appointment of his rival Shafie Apdal as Sabah chief minister.

The Kota Kinabalu high court allowed Musa to challenge the Parti Warisan Sabah president’s appointment after Shafie failed to strike out Musa’s originating summons filed in June.

The striking-out of the summons was originally set for September 3, but was brought forward to today.

High Court judge Yew Jen Kie ruled for a full hearing to be given to hear Musa’s claim as the rightful chief minister.

“Upon perusal of the affidavits and submission of the parties, I am satisfied that the plaintiff  has raised questions of law which require full consideration, and render the originating summons unsuitable to be struck out summarily.

“As such, I dismiss the striking-out application, with costs,” Yew said in her written judgement.

Musa had filed an originating summons against Sabah Yang di-Pertua Negeri Juhar Mahiruddin and Shafie over the chief minister position.

The summons is asking the court to declare Shafie’s appointment and swearing-in as chief minister on May 12 as null and void.

Two days earlier, on May 10, Musa had been sworn in as chief minister in what has now become a case of alleged criminal intimidation by Juhar.

Musa’s lead counsel Tengku Fuad Ahmad today said the case will go for a full hearing via submissions and arguments.

Meanwhile, Shafie’s counsel Douglas Lind said the judge has given Musa until September 14 to file a submission, to which Shafie must reply by September 28.

“They will reply to our submission on October 5 and the decision is to be made on October 26. So we will only know the outcome then,” said Lind.

Musa was yesterday arrested but released on police bail. He was warded at a private hospital in Subang Jaya for medical treatment.

He failed to turn up at the Sabah state assembly today to take his oath as Sibuga assemblyman despite being scheduled to do so.

Deputy state assembly speaker Ahmad Abdul Rahman said Musa’s aides confirmed the no-show.

“His office did not state the reason but will follow-up with an email to explain why,” Ahmad told reporters as he was leaving the state assembly building at 4pm.

State speaker Syed Abbas Syed Ali, who left the building earlier, said, “Give him (Musa) time. there is no need to rush these things. He has until September 11 to take his oath.” – August 24, 2018.