Shafie applies to strike out Musa’s suit
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.