Court of Appeal Dismisses Musa Aman, 32 Others’ Leave Application

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Yang Di Pertua Negeri had correctly exercised his discretionary powers.

Shafwan Zaidon

The Court of Appeal today dismissed former Sabah chief minister Tan Sri Musa Aman’s application for leave to initiate a judicial review against the state assembly’s dissolution.

A three-judge bench consisting of Datuk Abdul Karim Abdul Jalil, Datuk Abu Bakar Jais and Datuk Supang Lian today dismissed the application by Musa and 32 others on the grounds that the courts are not to interfere with matters decided upon by state leaders, such as the dissolution of state legislative assembly.

“We are of the position that the TYT (Yang Di Pertua Negeri) had correctly exercised his discretionary powers as stated within the provisions of the Sabah state Constitution including the issuance of the proclamation (of the dissolution) on July 30, 2020.

“We find there is no appealable error and therefore dismiss the appeal and affirm the decision of the learned judicial commissioner,” read Abdul Karim.

The bench later also dismissed an oral application by Musa’s counsel Datuk Firoz Hussein Ahmad Jamaluddin for a stay of matters and the decision, including the election.

Musa, who was in court when the judgment was read, left the courtroom immediately without commenting.

This means the Sabah state elections, beginning with Nomination Day this Saturday and polling on September 26, will proceed as scheduled. – MMO