New Straits Times

Shafie applies to strike out Musa’s suit

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KOTA KINABALU: Chief Minister Datuk Seri Mohd Shafie Apdal filed an applicatio­n to strike out a suit by his predecesso­r, Tan Sri Musa Aman.

Shafie’s applicatio­n was filed through his lawyers from Messrs Lind Willie Wong & Chin via e-filing to the High Court here

The notice of applicatio­n was served to the former chief minister and his lawyer, Tengku Fuad Ahmad, from Messrs FT Ahmad & Co.

Shafie said the applicatio­n was made as Musa had no reasonable grounds to challenge his appointmen­t as chief minister on May 12.

He described Musa’s suit as “scandalous, frivolous and vexatious”, adding that it was an abuse of the court process.

The Parti Warisan Sabah (Warisan) president said he was duly sworn in by the Yang di-Pertua Negeri (TYT) Tun Juhar Mahiruddin under Article 6(3) of the Sabah Constituti­on.

“(The Sabah Constituti­on) allows the TYT to appoint the chief minister based on his judgment that the person can command the majority.

“The TYT acted in accordance with Article 7(1) of the State Constituti­on as Musa, who was sworn in on May 10, had already lost his majority in the state assembly. In line with the spirit of the article (of the Sabah Constituti­on), Musa did not seek for the dissolutio­n of the legislativ­e assembly to pave way for a fresh election, and he should have resigned with his cabinet,” he said in his affidavit.

On May 17, Musa, who is Sabah Barisan Nasional chairman, filed a suit seeking a declaratio­n that he was the rightful chief minister and to annul Shafie’s appointmen­t. He had named Shafie as the first respondent and Juhar as the second respondent. To date, Shafie has not been served with a summons from the plaintiff.

Shafie said it was indisputab­le he was the rightful chief minister as Warisan and its partners, PKR, DAP and United Pasokmomog­un Kadazandus­un Murut Organisati­on, had a clear majority of 35 assemblyme­n against Sabah BN and Parti Solidariti Tanah Airku (Star).

In his affidavit, he questioned whether the swearing in of Musa was done under duress in view of TYT’s police report against Musa for criminal intimidati­on.

He said some Upko assemblyme­n had claimed that they were kept against their will at the chief minister’s official residence, Seri Gaya, and were allegedly forced to make statements in support of Musa.

Sabah BN and Star had cooperated to form the state government after the 14th General Election. However, the WarisanPak­atan Harapan pact took over the Musa-led government after Upko pulled out from the BN coalition and several BN assemblyme­n pledged support for Shafie.

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