PH files legal action over Sabah 40 per cent revenue entitlement

Lawyer Nelson W. Angang, representing Sabah PH, said six Members of Parliament (MPs) and seven Sabah State Legislative Assembly members from PH had initiated an originating summons as plaintiffs, naming the government of Malaysia and the Sabah state government as the first and second defendants respectively.

He said the originating summons was filed at the High Court here to seek a declaration to acknowledge that the Sabah 40 per cent revenue entitlement is still applicable.

"The recent answer given by the Finance Minister, who represents the federal government, is that the 40 per cent entitlement for Sabah is no longer applicable. So we want a declaration from the court that it is still applicable," he said in a press conference here today.

Also present were Sabah PH chairman Datuk Christina Liew and UPKO vice-president Datuk Ewon Benedick.

Last April 14, Prime Minister Datuk Seri Ismail Sabri Yaakob and Sabah Chief Minister Datuk Seri Hajiji Noor, in a joint statement, said the amount of the new special grant for Sabah has been increased by 4.7-fold from RM26.7 million to RM125.6 million for 2022.

The amount was increased after both governments reached an agreement on the review of the special grant under Article 112D of the Federal Constitution, and the new agreement also covers other matters, including for both governments to continue negotiation on the 40 per cent revenue claim by Sabah.

Nelson said they are also seeking a declaration that any review under Article 112D of the Federal Constitution must be based on the 40 per cent, and 'further negotiation' status is not a certainty.

The MPs involved in the legal action are Liew (Tawau, PKR), who is also Api-Api assemblyman, Awang Husaini Sahari (Putatan, PKR), Datuk Seri Wilfred Madius Tangau (Tuaran, UPKO), Chan Foong Hin (Kota Kinabalu, DAP), Vivian Wong (Sandakan, DAP), and Noorita Sual (Tenom, DAP).

The seven assemblymen are Datuk Frankie Poon (Tanjong Papat, DAP), Tan Lee Fatt (Likas, DAP), Phoong Jin Zhe (Luyang, DAP), Jannie Lasimbang (Kapayan, DAP), Peto Galim (Inanam, PKR), and Ewon (Kadamaian, UPKO).