Musa Aman gets leave for appeal over challenge on Mohd Shafie's appointment

A three-member bench led by Federal Court Judge Datuk Seri Mohd Zawawi Salleh, in a majority 2-1 decision, allowed the applications by Musa and Tamparuli assemblyman Datuk Jahid@Noordin Jahim for leave to appeal against the Court of Appeal’s decision.

Both Musa and Jahid lost their appeals on Nov 28 last year in the Court of Appeal. Their originating summons to challenge Mohd Shafie's appointment was dismissed by the High Court on Nov 7, 2018.

A litigant must first obtain leave in order to proceed with the appeal to the Federal Court.

Justices Datuk Abdul Rahman Sebli and Datuk Zabariah Mohd Yusof ruled in favour of Musa while Justice Mohd Zawawi dissented.

Justice Abdul 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 Mohd Zawawi, in the minority decision, said there is no longer a "live issue" and hence he would dismiss both the applications.