Former Sabah chief minister Musa Aman has gotten leave from the Federal Court to proceed with his appeal over his challenge of Mohd Shafie Apdal’s appointment as Sabah chief minister.
A three-member bench led by Federal Court judge Mohd Zawawi Salleh, in a majority 2-1 decision, allowed the applications by Musa and Tamparuli assemblyman Jahid@Noordin Jahim for leave to appeal against the Court of Appeal’s decision.
Both Musa and Jahid lost their appeals on November 28 last year in the Court of Appeal. Their originating summons to challenge Shafie’s appointment was dismissed by the high court on November 7, 2018.
A litigant must first obtain leave in order to proceed with the appeal to the Federal Court.
Justices Abdul Rahman Sebli and Zabariah Mohd Yusof ruled in favour of Musa while Justice Zawawi dissented.
Justice Rahman granted the leave applications and allowed 10 legal questions to be determined by the Federal Court in the appeal proper.
In his decision, he said it was the court’s view that the people of Sabah have the right to know whether Musa’s removal was done lawfully and in accordance with the Sabah constitution.
Justice Zawawi, in the minority decision, said there is no longer a “live issue” and hence he would dismiss both the applications.