KUALA LUMPUR, Nov 7 — Former Sabah chief minister Tan Sri Musa Aman said today he will appeal a High Court decision to strike out his suit seeking to be the rightful chief minister.

In a statement today, Musa said the decision went beyond the issue of his appointment as the Sabah chief minister, which is now held by Datuk Seri Shafie Apdal, and said it was about upholding the sanctity of the state Constitution.

“This is about the sanctity and proper interpretation of Sabah’s Constitution and the TYT’s powers to appoint and dismiss a chief minister,” he said in reference to Sabah Governor Tun Juhar Mahiruddin.

“I am of the view that these issues have not been fully resolved today and I have instructed my lawyers to appeal today’s decision.”

Meanwhile, Parti Solidariti Tanahairku (STAR Sabah) president Datuk Jeffrey Kitingan called the High Court’s decision “ridiculous” and questioned the spirit of democracy and rule of law.

“Is this to say that our Constitution is the same as the Perak case, which I don’t think so,” Kitingan said, referring to the 2010 Federal Court decision in the Perak mentri besar tussle that favoured Barisan Nasional (BN).

After the 2008 election, PAS’ Datuk Seri Mohammad Nizar Jamaluddin was sworn in as Perak mentri besar but after a series of defections, the Sultan replaced him with Umno’s Datuk Zambry Abdul Kadir.

“Is this also to say that the TYT can decide who has the confidence (by signatures) of the majority, and not the Dewan Undangan Negeri, which means usurping the power of the DUN?

“Does this also mean the Agong can decide whether Tun Mahathir can remain as PM or not?” Kitingan said in a statement.

Earlier, the Sabah High Court had struck out Musa’s suit to declare his dismissal as unconstitutional, allowing Shafie to remain chief minister.

High Court Judge Yew Jen Kie said that it was within Juhar’s discretionary powers to swear in Shafie as chief minister, when several assemblymen defected to support Shafie just two days after Musa was sworn in upon BN winning the state in the May 9 general election.

Musa had sought a declaration from the court, among others, that he is the rightful chief minister of Sabah appointed on May 10, and that the swearing-in of Shafie on May 12 was unconstitutional.