Registration table was set up in front of the courtroom and only certain numbers of people were allowed to enter the courtroom.
KOTA KINABALU: The Court of Appeal will deliver its verdict on the appeal of former Sabah chief minister Tan Sri Musa Aman against the dismissal of his suit in challenging Datuk Seri Mohd Shafie Apdal’s appointment as Sabah Chief Minister today.
The hearing was expected to start at 9am.
The appeal is being heard before a three-member bench comprising justices Datuk Kamardin Hashim, Datuk Rhodzariah Bujang and Datuk Mohamad Zabidin Mohd Diah.
Former Karambunai assemblywoman and state minister Datuk Jainab Ahmad Ayid seen outside the Kota Kinabalu Court Complex today.
Musa is represented by a team of lawyers led by Tengku Fuad Tengku Ahmad, while Mohd Shafie is expected to be represented by Datuk Douglas Lind.
A former senior court of appeal judge Datuk Anantham Kasinather is also expected to appear in assisting the team representing Musa as senior counsel after the High Court here allowed an application for an ad hoc admission of Anantham on November 15 for him to practise in Sabah.
On November 7 last year, the High Court here dismissed the suit brought by Musa against Sabah Head of State Tun Juhar Mahiruddin and Mohd Shafie that Musa was the lawful chief minister, and ruled that Mohd Shafie’s appointment as Chief Minister was constitutional.
Assistant Minister at the Chief Minister’s Department Datuk Jimmy Wong seen outside the Kota Kinabalu Court Complex today.
In her ruling, Justice Datuk Yew Jen Kie said based on the authority in the Perak menteri besar case of Datuk Seri Mohammad Nizar Jamaluddin against Datuk Seri Dr Zambry Abdul Kadir, it was clear that when the Sabah cabinet, including the chief minister, were deemed to have vacated their respective offices, it paved the way for the Sabah Head of State to appoint Mohd Shafie to replace Musa pursuant to Article 6(3) of the Sabah Constitution.
Yew also held that Musa had lost the command of the majority in the state assembly as it was evidently clear that with the defection of six assemblymen from Barisan Nasional Sabah (BN Sabah), the assemblymen from BN Sabah decreased from 29 to 23 out of 60 seats in the Sabah State Assembly.
She said Juhar was convinced that Musa had lost the command of the confidence of the majority of the assemblymen based on the statutory declarations made by the six assemblymen.
Sabah nominated assemblyman Loh Ee Eng seen outside the Kota Kinabalu Court Complex today.
Meanwhile, Registration table was set up in front of the courtroom today and only certain numbers of people were allowed to enter the courtroom.
As for the media, only nine listed reporters were allowed to enter the courtroom with only three local news, including a Chinese newspaper while the rest were national papers, as it was claimed there are only limited seats available in the courtroom.
The court declined to let the rest of media reporters in, including from The Borneo Post and The Star, due to limited seats in the courtroom.
Scene at the third floor of the Kota Kinabalu Court Complex. People, including the media, are waiting for the appeal case proceeding to conclude.
Therefore, only those inside the courtroom will know what is happening inside since reporters who entered the courtroom were not allowed to bring along their mobile phones.
Despite that, The Borneo Post will bring to you the latest update on the Court of Appeal’s decision when it delivered by the judges later on.