Musa sues, seeks declaration he is lawful CM

KOTA KINABALU: Sungai Sibuga assemblyman Tan Sri Musa Aman filed a suit against the Head of State (TYT) and Parti Warisan Sabah president at the High Court here seeking a declaration that he is the lawful Chief Minister of Sabah.

Musa had filed his writ of summons via e-filing at 1pm yesterday through his counsel F. T Ahmad and Co. naming Tun Juhar Mahiruddin and Semporna MP Datuk Seri Mohd Shafie Apdal as first and second defendants, respectively.

In the writ, the plaintiff (Musa) sought:

(a) A declaration that Musa is and remains the lawful Chief Minister of Sabah;

(b) A declaration that there was no revocation, removal or dismissal of Musa’s appointment as Chief Minister of Sabah;

(c) A declaration that TYT’s act or acts allegedly subsequent to Musa’s appointment as Chief Minister with respect Shafie’s purported appointment as Chief Minister is allegedly ultra vires the State Constitution, is null and void and of no effect;

(d) A declaration that TYT allegedly acted unconstitutionally in appointing Shafie’s State Cabinet;

(e) A declaration that the alleged failure, neglect and/or refusal to appoint Musa six nominated Assemblymen by TYT as advised by Musa was contrary to the State Constitution;

(f) A declaration that all the alleged acts and things done by Shafie and/or his purported Cabinet after his purported appointment as the purported Chief Minister are null, void and of no effect;

(g) Damages against TYT and Shafie to be assessed;

(h) Discretionary interest of five percent p.a. pursuant to Section 11 of the Civil Law Act, 1956 on the Judgment sum from the filing of the writ until the date of Judgment and Statutory interest of five percent p.a. from the date of Judgment until the date of full realization; (i) Costs; (j) Such further or other reliefs that the court deems fit and proper to grant.

Further in the writ, Musa’s contentions and will contend that TYT has no constitutional authority or power to: (i) Dismiss, either expressly or constructively, Musa as Chief Minister or to order that he cease such duties or;

ii) Deem Musa as having resigned as Chief Minister or;

(iii) Determine by way of discretion the confidence of the Assembly or;

(iv) Swear-in a second Chief Minister and/or his Cabinet when Musa has not tendered his resignation or has requested a dissolution of the Assembly or;

(v) Consider any purported petition delivered by Shafie in respect of determining the confidence of the Assembly in Shafie.

Musa also contends that any such purported removal or dismissal is unconstitutional, unlawful and therefore is null, void and of no effect.

The Plaintiff further contended that Juhar as the TYT is not conferred any discretion under the Constitution of the State of Sabah in respect of the removal of any sitting Chief Minister.

Musa also said that the discretion of the TYT is limited to the performance of his functions under Article 10(2) of the State Constitution, namely:

(a) the appointment of a Chief Minister and

(b) the withholding of consent to a request for the dissolution of the Legislative Assembly.

Other than the aforesaid, Musa contended that TYT shall act on the advice of the Chief Minister and such advice shall have effect and force upon TYT.

Apart from that, Musa contended that he (Musa) remains at all material times the lawful Chief Minister of Sabah.

The suit was fixed for hearing on June 19.

It was learnt that both the defendants will have 14 days to enter an appearance in the writ once it served to them.