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With judicial review bid gone, Musa Aman clings on to suit for reinstatement as Sabah CM

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Former Sabah Chief Minister Tan Sri Musa Aman leaves the Palace of Justice in Putrajaya after his appeal was dismissed by court of appeal September 8, 2020. — Picture by Shafwan Zaidon
Former Sabah Chief Minister Tan Sri Musa Aman leaves the Palace of Justice in Putrajaya after his appeal was dismissed by court of appeal September 8, 2020. — Picture by Shafwan Zaidon

KOTA KINABALU, Sept 8 — Tan Sri Musa Aman is shifting his attention to his legal bid to be declared the rightful chief minister of Sabah after his application for judicial review of the state assembly’s dissolution was rejected today.

Musa said that while he was disappointed with the rejection and respected the decision, he was adamant the Sabah governor should not have acted on Datuk Seri Mohd Shafie Apdal’s request to dissolve the assembly and call for an election.

“The Federal Court  on the 26.8.2020 via their written judgement dated 1.09.2020 held that there are constitutional questions of grave importance that must be heard by the Federal Court, among others, how the TYT had purportedly  dismissed me  as the chief minister and whether the appointment of Shafie Apdal as my successor was ultra vires, null and void.

“The matter is now pending before the Federal Court where my lawyers  had sought for an early hearing date. Therefore, l implore Yang Amat Arif Chief Justice of Malaysia to give me a much earlier date of hearing than what has been given,” he said.

He insisted his case was not academic and that Shafie’s status as chief minister was still in question, purporting that this meant the latter was not authorised to seek a dissolution of the state assembly.

“How could TYT act on the request of someone whose appointment had and is still being challenged in the first place? It is worth reminding the public that the Rulers must at all times rise above politics.

“Their authority, including the TYT of Sabah, is not one to be exercised in aid of a certain political agenda of a person whose appointment is questionable,” he said.

He said his case to be declared the rightful Sabah CM should be heard expeditiously as this would have a direct bearing on this present case.

“If the Federal Court is to hear the rightful chief minister case after the nomination day (12 September 2020) it is akin to closing the stable door after the horse has bolted.

“The truth must be revealed and justice must prevail. Justice delayed is justice denied,” he said.

The Court of Appeal today dismissed Musa’s application for a judicial review against the state assembly and in essence put a halt to the state polls which begins this Saturday.

A three-judge bench consisting of Datuk Abdul Karim Abdul Jalil, Datuk Abu Bakar Jais and Datuk Supang Lian dismissed the application by Musa and 32 others on the grounds that the courts are not to interfere with matters decided upon by state leaders, such as the dissolution of state legislative assembly.

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