Sabah-based lawyer Fuad Tengku Ahmad, who is acting for the assemblymen said that a notice of discontinuance was filed today in the Federal Court in the case
“Messrs. F.T. Ahmad & Co, the solicitors for Datuk Seri Hajiji Noor and 32 others, today confirmed that they have received instructions to withdraw the Notice of Motion for leave to appeal to the Federal Court.
“Our clients stand by their contention that the dissolution of the DUN was wrong both in terms of the Sabah Constitution and due to the risks of a Covid-19 outbreak. However, we have advised them that in view of the recent Sabah state elections and subsequent Covid-19 outbreak it is in the best interests of all concerned if the matter was withdrawn,” it said in a statement here today.
The 33 assemblymen, then led by former Sabah chief minister Tan Sri Musa Aman had filed the application on August 7 against the Head of State Tun Juhar Mahiruddin’s decision to dissolve the Assembly at the advice of then chief minister Datuk Seri Mohd Shafie Apdal.
The 33 assemblymen had on July 29 claimed that they made up the majority in the state assembly and wanted Tun Juhar to swear in a new government led by Musa which would oust the state government led by Shafie. However, their toppling bid was foiled when Juhar agreed to dissolve the Assembly.
The High Court, in dismissing the application of the 33 assemblymen on August 17, had ruled that Shafie had acted within the Sabah Constitution in requesting Juhar to dissolve the state assembly and said the proclamation to dissolve the state assembly was constitutional and valid.
An appeal in the Court of Appeal later upheld the High Court’s refusal to grant leave to them to initiate a judicial review to challenge the governor’s decision on September 8.
Following the Court of Appeal’s decision, the state election proceeded on September 26, this year which saw Perikatan Nasional (PN), Barisan Nasional (BN) and Parti Bersatu Sabah (PBS) which are allied under Gabungan Rakyat Sabah (GSR) won 38 seats against Warisan which allied with PKR and Upko with 32 seats.
Many of the 33 applicants were either re-elected to the Sabah State Assembly or now hold positions in the state government.