KOTA KINABALU,. The High Court has set September 3 to decide on whether to strike out the application by Chief Minister Datuk Seri Mohd Shafie Apdal to strike out a suit by his predecessor, Tan Sri Musa Aman.
Musa had filed a suit to declare Shafie’s appointment as unconstitutional.
High court judge Datuk Yew Jen Kie said that she will hear the submissions on the application together with Musa’s application and then make a ruling.
“If the application is granted, then we will appeal but if the decision is to strike out the case is not granted then we will continue to hear the case on why Shafie’s appointment is unconstitutional,” said Musa’s lawyer Tengku Fuad Ahmad.
Earlier, Yew granted Fuad’s request more time to reply affidavits, as Musa was currently abroad and more time was needed to attest to an overseas affidavit.
Shafie is the second defendant named by Musa in his May 17 suit against Head of State Yang Di-Pertua Negeri Tun Juhar Mahiruddin who is the first defendant, to declare Shafie’s appointment as unconstitutional and that Musa is still the rightful chief minister.
The suit was later withdrawn and a fresh originating summons was filed on the same grounds as before.
Shafie, in his application, is claiming Musa has no reasonable grounds to challenge his appointment as chief minister on May 12.
The contention comes after Shafie was sworn in as chief minister of Sabah some 48 hours after Musa when the latter lost the majority of the 60 newly elected state assemblymen.
In the May 9 polls, Warisan and Barisan Nasional both secured 29 seats each, but BN was the first to reach a majority of 31 when two STAR assemblymen aligned themselves with BN. Musa was sworn in on May 10 but defections the next day saw Shafie gaining the majority.
Subsequently, Juhar had asked Musa to step down to pave the way for him to swear Shafie in but Musa refused.
Musa is also wanted by police for investigations into claims of criminal intimidation against Juhar.