Musa files new summons against TYT, Shafie

KOTA KINABALU: Tan Sri Musa Aman's legal team has dropped his May 17 writ of summons here yesterday and filed a fresh originating summons against Head of State Tun Juhar Mahiruddin and Datuk Seri Shafie Apdal on June 4.

A spokesperson for the Chief Minister Department's yesterday confirmed that Messrs FT Ahmad & Co, solicitor for plaintiff (Musa), filed the notice of discontinuance for the previous summons at the High Court Registrar and filed the new originating summons yesterday.

The hearing on the previous writ of summons was scheduled for June 19 and the current originating summons calls for all parties concerned to attend before the judge in chambers on July 9 at 9am on the hearing of an application by the plaintiff.

The new originating summons touches on the same matters of the appointment of Sabah Chief Minister, the exercise of the powers of the Head of State (1st Defendant), and in the Matter of Articles 6(3) and 10(2) of the Sabah Constitution, which involved the following orders:-

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

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

(c) A declaration that the first defendant’s act or acts allegedly subsequent to the plaintiff’s appointment as Chief Minister with respect to the second defendant’s purported appointment as Chief Minister are allegedly ultra vires (beyond one’s legal power or authority) the Constitution of the State of Sabah (the ‘State Constitution’), are null and void and of no effect;

(d) A declaration that the first defendant allegedly acted unconstitutionally in appointing the second defendant’s State Cabinet;

(e) A declaration that the first defendant’s alleged failure, neglect and/or refusal to appoint the plaintiff’s six nominated Assemblyman as advised by the plaintiff was contrary to the State Constitution;

(f) A declaration that all alleged acts and things done by the second defendant (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 the first and second defendants to be assessed;

(h) Discretionary interest of 5% 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 5% p.a. from the date of judgment until the date of full realization; (i) Costs; (j) Such further or other reliefs that this Honourable Court deems fit and proper to grant.

Parti Warisan Sabah (Warisan) president Shafie was sworn in as Chief Minister of Sabah after 9pm at Istana Negeri on May 12, around 48 hours after Musa was sworn in by the Head of State at the same place on May 10 after 11pm.

Both ceremony was witnessed by Chief Justice of Sabah and Sarawak Tan Sri Richard Malanjum.

Shafie was appointed as the Chief Minister after six BN state assemblymen from Umno (four) and UPKO (two) declared their support for Warisan, changing the Warisan-led Pakatan Harapan total of 29 seats to the simple majority of 35 seats.

In the 14th General Election (GE14), Warisan won 21 state seats, while its Pakatan Harapan partners won a total of eight seats (DAP, six seats, and PKR, two seats).