Federal court to hear leave to appeal bid by 33 Sabah assemblymen on Dec 8

The assemblymen had sought for leave to commence a judicial review to challenge the Yang Dipertua Negeri's decision but lost their case in the High Court and Court of Appeal respectively.

In a letter by the Federal Court deputy registrar, Mazuliana Abdul Rashid also notified parties in the case that the hearing of the leave to appeal application would be conducted via video conferencing.

In the letter dated Oct 27 this year, she said that case management would be held on Nov 17 through e-review.

It also stated that applicants who do not wish to proceed with their leave to appeal application should file a notice of discontinuance signed by both parties.

The 33 assemblymen including former Sabah chief minister Tan Sri Musa Aman had filed for leave to appeal in the Federal Court on Sept 10 against the Court of Appeal’s decision on Sept 8 which upheld the High Court's refusal to grant leave to them to initiate a judicial review to challenge the governor’s decision.

Following the Court of Appeal's decision, the state election proceeded on Sept 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.

The appellate court three-member bench led by Datuk Abdul Karim Jalil had ruled that Sabah Yang Dipertua Negeri Tun Juhar Mahiruddin had correctly exercised his discretion according to the Sabah Constitution in dissolving the state legislative assembly.

Justice Abdul Karim said there was no appealable error by judicial commissioner Leonard David Shim in refusing the leave application for judicial review on Aug 21.

The High Court, in dismissing the application of the 33 assemblymen on Aug 17, had ruled that former Sabah Chief Minister Datuk Seri Mohd Shafie Apdal had acted within the Sabah Constitution in requesting Tun Juhar to dissolve the state assembly and said the proclamation to dissolve the state assembly was constitutional and valid.

The 33 assemblymen claimed on July 29 that they made up the majority in the state assembly and wanted Tun Juhar to swear in a new government which would oust the state government of Mohd Shafie.