Apex court: Musa Aman's dismissal should be heard to prevent future political turmoil

 By Olivia Miwil - September 3, 2020 @ 10:01pm

This file pic dated July 30 shows Tan Sri Musa Aman at his residence in Luyang, Kota Kinabalu, after calling for a special press conference. - NSTP/MALAI ROSMAH TUAH.

KUALA LUMPUR: The Federal Court is in view that Tan Sri Musa Aman's leave application on his dismissal as Sabah chief minister in 2018 should be granted to prevent future political turmoil.

Judge Abdul Rahman Sebli said the hearing on the contention of Musa's removal was to determine whether the Yang di-Pertua Negeri Tun Juhar Mahiruddin had acted within his constitutional powers.

"The questions of law raised by Musa are of grave constitutional importance and had far reaching implications not only for the state, but for the whole country.

"The people of Sabah has an inalienable right to know whether the removal of Musa as the validly appointed chief minister was done validly, lawfully and in accordance with the Constitution of Sabah, the highest law in the land below the wind.

"As it is, there is no closure yet on the issue of whether Musa had been lawfully removed from office," he said in a 34-page judgment released today.

During the 14th General Election, Musa formed a coalition government with Parti Solidariti Rakyat Sabah but he lost majority when five UPKO assemblymen defected to be in the same camp as Parti Warisan Sabah.

On May 12, 2018, the state governor dismissed Musa 48 hours after he was sworn in as the chief minister without any request for dissolution.

Abdul Rahman said such political turmoil and constitutional crisis, which is not the first time faced by the people of Sabah, would not be the last if not resolved by the court.

Abdul Rahman is believed to be referring to similar crises following Sabah elections in 1985 and 1994.

"(It) ought to be resolved once and for all by this Court, being the Apex court, to provide certainty and cannot be left hanging."