Musa files suit – says he is right­ful CM

The Star Malaysia - - Nation -

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.

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