Court of Appeal to hear Musa's appeal on 'two Sabah CMs' case on Thursday (Nov 28)

KOTA KINABALU: The Court of Appeal is expected to hear Thursday the appeal of former chief minister Tan Sri Musa Aman against last year's High Court ruling to dismiss his claim to be the rightful Chief Minister, instead of incumbent Datuk Seri Mohd Shafie Apdal.

The Kuching-based judge in her ruling said that the Sabah Yang di-Pertua Negeri had the discretionary power to appoint Shafie as Chief Minister based on the evidence that Shafie had the majority without going to assembly. Justice Yew based her judgment on several cases highlighted by the lawyers from both sides and that included the 2009 Perak Mentri Besar case when the Sultan had removed a sitting Mentri Besar who refused to resign and replaced him with a successor who had the majority in the assembly.

Many see any decision of the court on Thursday as academic with Musa the lone Sabah Umno assemblyman in the assembly while most of the 17 other elected Umno representatives have defected to Parti PribumiWarisan and its coalition partners DAP, Upko and PKR with 48 seats hold a clear two-thirds majority in the 65-member house assembly).

In the last general election, Sabah Barisan secured 29 seats, Warisan-PKR-DAP secured 29 seats, and Sabah STAR won two seats.

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