KOTA KINABALU:. Today the Court of Appeal has dismissed our appeal. All 33 of us are of course very dissppointed. Nevertheless, we respect the decision of the court. Recently, the Federal Court took cognizance that my appointment as the Sabah Chief Minister on 10 May 2018 was valid and in accordance with the Constitution of Sabah. As a result the Federal Court on the 26.8.2020 via their written judgement dated 1.09.2020 held that there are constitutional questions of grave importance that must be heard by the Federal Court, among others, how the TYT had purportedly dismissed me as the Chief Minister and whether the appointment of Shafie Apdal as my successor was ultra vires, null and void. The matter is now pending before the Federal Court where my lawyers had sought for an early hearing date. Therefore, l implore Yang Amat Arif Chief Justice of Malaysia to give me a much earlier date of hearing than what has been given. I have always maintained that my removal to be unconstitutional. Thus, whoever was sworn in after my questionable removal was and is nothing more than a usurper who should not be allowed to exercise and carry out the lawful functions of the CM of Sabah. To allow such a person to exercise the constitutional duties of the CM will have far reaching ramification as what we are seeing at the moment. It is for this reason that when Shafie had requested for the dissolution of the Sabah State Legislative Assembly I had to file an application to challenge such a dissolution. How could a person whose status is still questionble request from the TYT for a dissolution of the of Sabah State Legislative Assembly? How could TYT act on the request of someone whose appointment had and is still being challenged in the first place? It is worth reminding the public that the Rulers must at all times rise above politics. Their authority, including the TYT of Sabah, is not one to be exercised in aid of a certain political agenda of a person whose appointment is questionable. The public must be reminded that this current case is closely related to the earlier matter which is now before the Federal Court. The Federal Court granted leave in respect of 10 questions which seeked to resolve issues pertaining to my unconstitutional dismissal as the rightful Chief Minister of Sabah. These issues are of grave importance to the people of Sabah and must be resolved on an urgent basis before any proposed election as they would have direct consequences on the lawfulness of the elections. Hence, I am seeking for my appeal on the rightful Chief Minister case to be heard expeditiously.
As this would have a direct bearing on this present case, if the Federal Court is to hear the Rightful Chief Minister case after the nomination day (12 September 2020) it is akin to closing the stable door after the horse has bolted. The truth must be revealed and justice must prevail.
Justice delayed is justice denied.-
Tan Sri Musa Haji Aman,
Kuala Lumpur,
September 8, 2020.
