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Shafie stays as Sabah Chief Minister, court decides

KOTA KINABALU (Malaysia) — The Kota Kinabalu High Court on Wednesday (Nov 7) struck out former Sabah chief minister Musa Aman’s suit to declare his dismissal as unconstitutional, allowing Mr Shafie Apdal to remain Chief Minister.

Mr Shafie Apdal will remain as chief minister, the Kota Kinabalu High Court ruled

Mr Shafie Apdal will remain as chief minister, the Kota Kinabalu High Court ruled

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KOTA KINABALU (Malaysia) — The Kota Kinabalu High Court on Wednesday (Nov 7) struck out former Sabah chief minister Musa Aman’s suit to declare his dismissal as unconstitutional, allowing Mr Shafie Apdal to remain Chief Minister.

High Court Judge Yew Jen Kie said that Sabah Governor Juhar Mahiruddin was within his discretionary powers to swear in Mr Shafie as Chief Minister, when several assemblymen defected to support Mr Shafie just two days after Musa was sworn in upon Barisan Nasional (BN) winning the state in the May 9 General Election .

“For all the reasons I mentioned, I dismiss both originating summons,” she said.

Ms Yew also awarded RM30,000 (S$9,867.09) in costs to be divided between Mr Shafie and the first defendant, the head of state Juhar Mahiruddin.

Musa had, in June, filed an originating summons seeking from the court to declare him as the rightful Sabah Chief Minister.

Mr Shafie walked out of the high court to be greeted by around a thousand supporters chanting the “Sabah Baru” slogan.  

“It proves that Warisan had never interfered with anything and the judge has made a very good and fair decision,” said Mr Matthew Yong, in reference to Mr Shafie's party.

“It’s time for the opposition to allow Warisan to do its work running Sabah’s administration.”

In a statement to the media, Musa said he is disappointed with the decision and has instructed his lawyers to file an appeal.

"This issue goes beyond whether I am Chief Minister or not.  

This is about the sanctity and proper interpretation of Sabah’s Constitution and the governor’s powers to appoint and dismiss a Chief Minister," he said. "I am of the view that these issues have not been fully resolved today."

Musa was chief minister from 2003 until the the national polls when Barisan Nasional lost the state government to Mr Shafie's Warisan.

Musa was sworn in as Chief Minister on May 10 after securing a simple majority, but lost the majority when several assemblymen from United Malays National Organisation (Umno) and United Pasokmomogun Kadazandusun Murut Organisation (Upko) jumped ship to support Mr Shafie's party.

On Monday, Musa claimed trial to 35 counts of corruption involving US$63 million (S$86.69 million) in relation to timber concessions in the state between 2004 and 2008.

He joined his former BN counterparts who have also been charged with corruption ― former prime minister Najib Razak and former deputy prime minister Ahmad Zahid Hamidi who both face a mammoth list of charges.

Najib faces 38 charges of money laundering, abuse of power and criminal breach of trust (CBT) involving state investment fund 1Malaysia Development Berhad and its former subsidiary SEC International Sdn Bhd.

Ahmad Zahid, who is currently United Malays National Organisation (Umno) president, has been slapped with 45 charges related to CBT, money laundering and corruption. AGENCIES

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