Sabah CM, 32 others file notice of discontinuance over challenge on dissolution of state assembly

PUTRAJAYA:Sabah Chief Minister Datuk Seri Hajiji Mohd Noor and thirty-two other individuals have withdrawn their leave to appeal application in the Federal Court regarding the Sabah Yang Dipertua Negeri's decision in dissolving the state legislative assembly in July this year.

In a press statement, Messrs F.T. Ahmad Co, the solicitor for Hajiji and the other individuals, said a notice of discontinuance was filed today in the Federal Court today via the e-filing system. The law firm confirmed that they received instructions from Hajiji to withdraw the notice of motion for leave to appeal to the Federal Court.

“Our clients stand by their contention that the dissolution of the Sabah state legislative assembly was wrong both in terms of the Sabah Constitution and due to the risks of a COVID-19 outbreak.

“However, we have advised them that in view of the recent Sabah state elections and subsequent COVID-19 outbreak, it is in the best interests of all concerned if the matter was withdrawn,” said lawyer Wilson Chang Khai Sim who acted for the applicants.

He said following the Sabah state elections which were held on last Sept 26, many of the thirty-three applicants in the case were either re-elected to the state assembly or now hold positions in the state government.

“It is understood that the Sabah government will study and formulate clear and definitive procedures by which the state legislative assembly is dissolved in the future," he said.

All 33 individuals, including former chief minister Tan Sri Musa Aman, had on Sept 10 filed an application for leave to appeal against the Court of Appeal's decision.

The applicants had sought for leave to commence a judicial review in the High Court to challenge the Yang Dipertua Negeri Tun Juhar Mahiruddin's decision. They, however, lost their case.

The Court of Appeal, on Sept 8, this year also dismissed the applicants' appeal and upheld the High Court's decision. Following the Court of Appeal's decision, the state election proceeded.

The applicants claimed on July 29, this year 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 former Sabah Chief Minister Datuk Seri Mohd Shafie Apdal.

-- BERNAMA