Musa-Shafie tussle for CM post not current public interest - Federal Court

The tussle between Tan Sri Musa Aman and Datuk Seri Mohd Shafie Apdal for the Sabah Chief Minister’s position is not of current public interest as supervening events had overtaken the matter, Federal Court judge Datuk Seri Mohd Zawawi Salleh said.

In his 29-page dissenting judgment, Justice Mohd Zawawi said the Sabah State Legislative Assembly had been dissolved on July 30 this year, hence any interest previously generated on Mohd Shafie's appointment as chief minister has become academic.

He said the court should not decide on issues when there had been a change of circumstances after the High Court delivered its judgment on the matter as it would make decisions or orders that had no consequence to the contending parties.

The current interest is on the coming 16th Sabah State Election, he said in his judgment released in the Judiciary's website.

Although Justice Mohd Zawawi regarded the matter as a historical one, he, however, said it was academic and parties in the case ought to put the matter to "bed".

The judge said it was not at all obvious that a decision in Musa's case would serve to resolve future disputes as each case was unique and must be decided on its own facts.