Court rules Datuk Seri Mohd Shafie Apdal the rightful CM of Sabah, not Tan Sri Musa Aman.

High Court rules Warisan chief is legally in charge of Land Below the Wind

KOTA KINABALU: Sabah’s political uncertainty has ended with the High Court declaring Datuk Seri Mohd Shafie Apdal as the legitimate Chief Minister.

The court decision put Shafie’s Parti Warisan Sabah and partners Upko, DAP and PKR firmly in control of the state after a six-month political and legal wrangle following the May 9 general election.

“The High Court decision is loud and clear,” an elated Shafie told reporters outside the courtroom.

Kuching-based High Court judge Datuk Yew Jen Kie had dismissed Tan Sri Musa Aman’s suit seeking a declaration that he was the rightful Sabah CM and that his dismissal by Yang di-Pertua Negeri Tun Juhar Mahiruddin was illegal.

Shafie said the court decision gave a clear interpretation of the Sabah Constitution and the powers of the Governor in appointing the CM.

“We have always left it to the court to decide and we know with this decision, it states clearly the interpretations of the (Sabah) Constitution.

“Thank God, it is now over. We now want to govern for the benefit of the people,’’ he added.

He said the decision would bring more political stability to the state and restore investor confidence.

Shafie, who was accompanied by his Cabinet members and elected assemblymen, hoped that the state opposition could now play its role constructively.

Musa, who did not attend court, said in a statement that he was disappointed with the court’s decision and that he had asked his lawyers to file an appeal.

“However, this issue goes beyond whether I am Chief Minister or not.

“This is about the sanctity and proper interpretation of Sabah’s Constitution and the TYT’s (Governor’s) powers to appoint and dismiss a Chief Minister,” he said.

Musa had flown back to Kota Kinabalu from Kuala Lumpur at 1pm yesterday. He was with supporters at his Sri Anggerik residence in Luyang as the judgment was delivered.

Following GE14, Sabah was left with a hung state assembly with the then ruling Sabah Barisan, led by Musa, winning 29 seats while Warisan, DAP and PKR also won 29 seats in the 60-member house.

Musa managed to be sworn in a day later on May 10 with the sup- port of Parti Solidariti Tanah AirKu (Sabah STAR), led by Datuk Jeffrey Kitingan, which won two seats.

However, defections by six assemblymen from Sabah Umno and its ally Upko led to the loss of Musa’s majority, which saw Juhar swearing in Shafie on May 12.

Large numbers of Warisan supporters turned up at the courthouse amid a high security cordon across the state capital.

Sabah Police Commissioner Datuk Omar Mammah said security was under control and there was no report of untoward incidents.

He said police would continue to monitor the situation.