KOTA KINABALU: In just a few hours’ time, the Kota Kinabalu High Court judge Datuk Yew Ken Jie will announce who’s the rightful Sabah Chief Minister.
Yew, who listened to the five-hour oral submissions by the counsels for both the defendant and plaintiff on Oct 25, would announce the decision at 2.30pm today.
The result is crucial as not only it determines the rightful Sabah CM but also closely related to the state government's position.
Ex-chief minister Tan Sri Musa Aman had in June filed an originating summons against Sabah Yang di-Pertua Negeri Tun Juhar Mahiruddin and Datuk Seri Mohd Shafie Apdal over the matter not long after the 14th general election.
The summon, among others, is to seek a declaration that Musa is the rightful Sabah chief minister according to the state constitution and that the appointment of Mohd Shafie as chief minister was illegal.
Before this, former High Court judge Datuk Douglas Christo Primus had said that Musa could not call on the state Election Commission to hold elections. Musa, he said, could only call for a state legislative sitting for a vote of no-confidence as he does not have the majority.
“Only those who have the majority can call for elections. If Musa has no majority, he still cannot become a chief minister,” Douglas was quoted as saying.
Musa was represented by Tengku Fuad Ahmad and S. Vanugopal while Datuk Zaleha Rose Pandin and Datuk Douglas Lind were representing Juhar and Mohd Shafie, respectively.
During oral submissions, Tengku Fuad said, according to Article 10 (4) of the Sabah Constitution, the Yang diPertua Negeri has no right to ask Musa to resign or assume that he has resigned.
He added that Juhar had also no right to allow Mohd Shafie to be sworn in as new chief minister according Article 6 (3) of Sabah Constitution, as Musa had already been sworn in.
This was in reference to Musa’s appointment as chief minister after GE14 on May 10 and Mohd Shafie’s swearing-in as the new chief minister on May 12.
Meanwhile, Douglas, in his submission, had said that Musa no longer has the majority after six BN assemblymen joined the Warisan-led coalition.