With first suit still in court, Musa Aman sues Sabah governor for dissolving assembly

KOTA KINABALU, Aug 6 ― After a failed attempt at toppling the Warisan-led Sabah government through crossovers, Tan Sri Musa Aman is taking the head of state Tun Juhar Mahiruddin to court over the latter’s decision to dissolve the state legislative assembly and pave the way for fresh elections.

The judicial review application was filed by Musa’s lawyer Fuad Ahmad and names Juhar the first respondent in his capacity as Yang DiPertua Negeri, caretaker chief minister Datuk Seri Shafie Apdal as second respondent, the Election Commission and the Sabah government as third and fourth respondents respectively.

According to the filing sighted by Malay Mail, Musa and the other 32 assemblymen in his camp claim the dissolution of the assembly was not in accordance with the requirements of the Sabah Constitution under Article 21 (2) and 7(1).

They also questioned Shafie’s written request to Juhar on July 29 to dissolve the assembly.

They want the court to issue an injunction against the upcoming state elections.

The applicants in the suit are the 33 assemblymen aligned with the federal Perikatan Nasional (PN) informal alliance. They are: Musa (Sungai Sibuga assemblyman), Datuk Bolkiah Ismail (Pitas), Julita Mojungki ( Matunggong), Datuk Anita Baranting (Tandek), Datuk Musbah Jamli (Tempasuk), Datuk Japlin Akim (Usukan), Datuk Jahid Jahim (Tamparuli), Datuk Hajiji Mohd Noor (Sulaman), Datuk Joniston Bangkuai (Kiulu), Kenny Chua (Inanam), Datuk Ghulam Haider Khan (Kawang), Datuk Mohd Ariffin Ariff (Membakut), Datuk Isnin Aliasnin (Klias), Datuk Limus Jury (Klias), Datuk Matbali Musah (Sindumin), Datuk Dr Joachim Gunsalam (Kundasang), Datuk Masidi Manjun (Karanaan), Datuk Abidin Madingkir (Paginanatan), Datuk Jeffrey Kitingan (Tambunan), Robert Tawik (Bingkor), Jamawi Jaafar (Kemabong), Datuk Ellron Angin (Sook), Bobbey Ahfang Suan (Nabawan), Datuk James Ratib (Sugud), Abdul Rahman Kongkawang (Labuk), Datuk Masiung Banah (Kuamut), Datuk Saddi Abdul Rahman (Sukau), Datuk Niuzam Abu Bakar Titingan (Apas), Datuk Hamisa Samat (Tg Batu), Datuk Abdul Muis Picho (Sebatik), Datuk Osman Jamal (Balung) and nominated assemblymen Jaffari Waliam and Ronnie Loh.

The application is scheduled for hearing tomorrow.

State Attorney General Brenndon Keith Soh is expected to represent the governor and the Sabah government.

The Sabah legislative assembly was dissolved on July 30.

A day earlier, Musa announced that he had enough support with 33 assemblymen on his side to form a simple majority in the 65-seat legislative assembly, after 13 defected from Warisan.

However, on the same July 29 night, Shafie met with Juhar and requested a dissolution of the assembly to enable fresh elections, citing political threats against the stability of his government.

Musa has an outstanding suit against Juhar dating back to 2018 that is pending an appeal at the Federal Court.

He initiated the first suit in the wake of the 2018 general election after losing his position as chief minister when Juhar picked Shafie instead. Musa claims Shafie’s appointment is unconstitutional.

* A previous version of this story contained an error which has since been corrected.