Shafie's bid to strike out Musa’s suit dismissed
KOTA KINABALU: Sungai Sibuga assemblyman Tan Sri Musa Aman won the first round of his civil suit in challenging the legitimacy of Parti Warisan Sabah president Datuk Seri Mohd Shafie Apdal’s appointment as the Sabah Chief Minister on May 12 after the High Court here dismissed Mohd Shafie’s application to strike out Musa’s originating summons (OS).
Justice Datuk Yew Jen Kie, who delivered her reserved verdict via teleconference, held that upon perusing the affidavits and submission of the parties, she was satisfied that Musa has raised question of law in his OS.
She ruled that the question of law raised requires full consideration which renders the OS unsuitable to be struck out summarily.
The court fixed October 26 to deliver her decision on Musa’s OS.
On June 28, Mohd Shafie had filed a striking out application against Musa’s OS through Messrs Lind Willie Wong.
In the application, Mohd Shafie, who was represented by counsel Datuk Douglas Lind, applied for Musa’s OS against him be dismissed on the grounds that the OS allegedly disclosed no reasonable cause of action, scandalous, frivolous, vexatious and was an abuse of process of the Court.
Musa, 67, filed the OS on June 6 via e-filling through Messrs F. T. Ahmad & Co, naming The Head of State (TYT) and Mohd Shafie as the first and second defendants, respectively. In his OS, Musa sought declarations that:
a) he is and remains lawful Chief Minister (CM) of Sabah
b) there was no revocation, removal or dismissal of his appointment as CM
c) TYT’s act or acts subsequent to his appointment as CM with respect to the appointment of Mohd Shafie as CM are allegedly ultra vires the State Constitution, null and void and of no effect
d) TYT allegedly acted unconstitutionally in appointing Mohd Shafie’s state cabinet
e) TYT’s alleged failure, neglect and/or refusal to appoint his six nominated assemblymen as advised by him, was contrary to the State Constitution
f) all acts and things done by Mohd Shafie and his cabinet after Mohd Shafie’s appointment as CM were allegedly null, void and of no effect
Apart from that, Musa was also seeking:
g) damages against TYT and Mohd Shafie to be assessed
h) discretionary interest of five percent p.a persuant to Section 11 of the Civil Law Act 1956 on the judgement sum from the filing of the summons until the date of judgement and statutory interest of five percent p.a from the date of judgment until the date of full realization
i) costs and such further or other reliefs that the court deems fit and proper to grant.
Meanwhile, the court also dismissed a striking out application by Mohd Shafie against Datuk Jahid Jahim, who is Tamparuli assemblyman, who had also filed an OS, to seek a declaration that Musa is the lawful Sabah Chief Minister.
Jahid @ Noordin, who was one of the cabinet ministers in the first sworn-in Sabah cabinet under Musa, named Mohd Shafie, who is Semporna MP, the Speaker Datuk Seri Syed Abas Syed Ali and Sabah State Assembly secretary Datuk Bernard Dalinting, as the first, second and third defendants respectively.
The court also fixed October 26 for the decision of Jahid’s OS.
State Attorney-General Zaleha Rose Pandin and state counsel Dygku Fazidah Hatun Pg Bagul acted for TYT while counsel Tengku Fuad Tengku Ahmad and Suku Vanugopal represented Musa.