Musa files suit – says he is rightful CM

KOTA KINABALU: Sabah Barisan Nasional chairman Tan Sri Musa Aman has filed a suit seeking a court declaration that he is the legitimate chief minister of Sabah, almost a week after he lost the position.

He named Yang di-Pertua Negri Tun Juhar Haji Mahiruddin and Parti Warisan Sabah president Datuk Seri Mohd Shafie Apdal in the writ of summons filed in the High Court here yesterday.

His lawyer Tengku Fuad Tengku Ahmad confirmed that the summons was filed.

It is learnt that in his writ, Musa is seeking a declaration, among others, that he is and remains the lawful chief minister and that the swearing-in of Shafie as a second chief minister by the Yang di-Pertua Negri on May 12 was unconstitutional.

The summons also seeks a declaration that any and all acts by Shafie while purporting to be chief minister are also null, void and of no effect.

Under the Rules of Court 2012, both Tun Juhar and Shafie will have 14 days after the writ is served to file their statement in defence.

Musa, sworn in on May 10 after claiming a simple majority of 31 seats in the 60-member assembly, lost his majority a day later and Shafie took the oath of office on May 12.

Istana Negeri then informed Musa that he was no longer chief minister with effect from May 12 in a letter delivered to his personal aide.

The appointment of two chief ministers in the space of 36 hours has seen varied legal opinions expressed about Sabah’s constitutional provisions for the Head of State to remove a chief minister who had lost his majority.