Musa Aman withdraws appeal on rightful Chief Minister case

 By Olivia Miwil - March 26, 2021 @ 11:44am

Tan Sri Musa Aman (left) and Datuk Seri Mohd Shafie Apdal. -NSTP/File pic

KUALA LUMPUR: Tan Sri Musa Aman withdrew his appeal to the Federal Court in the rightful Chief Minister of Sabah case against Datuk Seri Mohd Shafie Apdal.

The Federal Court upon hearing submissions on costs accepted Musa's decision to discontinue his appeal and awarded costs in the sum of RM60,000.

"We were instructed by Musa to withdraw his appeal to the Federal Court despite leave to appeal having been granted in September 2020 which was just before the Sabah state election took place on September 26.

"It was disappointing that despite a certificate of urgency having been filed, Musa's leave application and appeal were not heard earlier by the Court.

"Had this appeal been heard before the Sabah state election, I am sure that we would have proceeded," said Musa's counsel Tengku Fuad Ahmad in a statement.

The action against Shafie, he said, was taken as Musa contended that Shafie had been unlawfully appointed as Chief Minister on May 12, 2018, leading to the formation of the Parti Warisan Sabah-led government.

Fuad added it was done despite the undisputed fact that Musa was lawfully sworn in earlier on May 10 in 2018 and had never resigned or admitted to having lost the confidence of the State Legislative Assembly (DUN).

"It is the law in Sabah that a lawfully appointed Chief Minister cannot be removed unless he resigns, admits that he has lost the confidence of the majority of DUN members or loses a vote of no confidence in the August House.

"None of these circumstances were present when Musa was unlawfully deposed as Chief Minister. It is his position that the Warisan government was and has always been illegitimate and unlawful,' he added.

For nearly 34 months, Fuad said Musa saw it as his duty to the people of Sabah and his constituents to continue his action against Shafie to preserve and protect the rule of law and the democracy in Sabah.

"However, following the Sabah state election held on September 26 last year, the Gabungan Rakyat Sabah government was democratically elected by the people of Sabah, rejecting Shafie's Warisan-led coalition.

"Accordingly, Musa believes that he has done his duty and that his work is done."