Musa’s legal team drops first originating summons against Shafie, TYT

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KOTA KINABALU: The Chief Minister Department verified that Tan Sri Musa Aman’s legal team had dropped the first originating summons against Head of State Tun Juhar Mahiruddin and Datuk Seri Shafie Apdal today.

However, a new one had been issued by plaintiff Musa against the same defendants, Juhar and Shafie, on June 4 n the matter of Sabah Chief Minister appointment, the exercise of powers by the Head of State and Articles 6 (3) and 10 (2) of Sabah State Constitution.

Amongst the contents of the new originating summons includes the order for all parties concerned are to attend before the judge in chambers on July 9 at 9am for a declaration that the plaintiff is and remains the lawful Sabah Chief Minister, and there was no revocation, removal or dismissal of the plaintiff’s Chief Minister position.

A declaration that Juhar’s act or acts subsequent to Musa’s appointment as Chief Minister with respect to Shafie’s purported appointment as Chief Minister are ultra vires (beyond one’s legal power or authority) the constitution of the Sabah State (State Constitution), are null and void and of no effect.

Parti Warisan Sabah (Warisan) president Shafie was sworn in as Chief Minister of Sabah at Istana Negeri on May 12 at Istana Negeri, replacing Tan Sri Musa Aman within 48 hours after the latter lost a simple majority

He was appointed as the Chief Minister after his party obtained a simple majority of 35 seats when six BN state assemblymen from Umno (four) and UPKO (two) defected to Warisan.

He was sworn in before Sabah Head of State, Tun Juhar Mahiruddin at 9.11pm and signed the credentials of appointment as chief minister, witnessed by Chief Justice of Sabah and Sarawak Tan Sri Richard Malanjum.

On the night of May 10, Musa, who is also Sabah Umno Liaison chief, was sworn in as the chief minister.

Also sworn in on the same night were Sabah STAR president Datuk Dr Jeffrey Kitingan as deputy chief minister, besides two deputy chief ministers and seven full ministers.

In the 14th General Election (GE14), Warisan won 21 state seats, while its partners from Pakatan Harapan (PH), the DAP, won six seats and Parti Keadilan Rakyat (PKR) two seats.

However, the 29 state seats obtained by Warisan and its political partners in PH had yet to reach a simple majority to allow the party to form a government, thus needing additional seats.

Following the move by six BN assemblymen in crossing over to Warisan, it now has 35 seats, enough to form a simple majority government.