KOTA KINABALU – Former Sabah chief minister Tan Sri Musa Aman is withdrawing his civil suit over the right to the chief minister’s post filed in 2018.
Documents sighted by The Vibes showed that the suit appeal scheduled on March 26 is now a hearing to ascertain which party shall bear the legal costs.
Musa had in 2018 filed a suit seeking a declaration that the swearing-in of Warisan president Datuk Seri Mohd Shafie Apdal as Sabah chief minister by Governor Tun Juhar Mahiruddin was unconstitutional.
Musa, who had named Shafie and Juhar as defendants, was initially sworn in as chief minister in a delayed ceremony a day after the May 9 general election, but defections by Barisan Nasional assemblymen tipped the state assembly majority in favour of the Warisan-Pakatan Harapan coalition.
Juhar later swore Shafie in as chief minister, but Musa refused to resign, saying Shafie’s appointment was unconstitutional.
According to the lawyer representing Shafie, Datuk Theodore Douglas Lind, Musa’s legal team was supposed to file an appeal submission on February 26.
“But they did not (file the submission),” he told The Vibes.
“And Musa’s legal team has written to us expressing their intention to discontinue the appeal, with no order as to costs.”
Two letters have been sent by Musa’s team to Shafie’s lawyer over the matter.
The first letter refers to Shafie and Juhar, while the second is between Parti Bersatu Sabah deputy president Datuk Jahid Jahim and Shafie, former state speaker Datuk Seri Syed Abas Syed Ali and his deputy, Datuk Bernard J. Dalinting.
Contents of the letter read: “We write on a strictly without prejudice basis to enquire as to whether your client would be agreeable to discontinue the appeal with no order as to costs”.
Lind responded to both letters citing that pursuant to Federal Court practice direction 1/2018, Musa’s appeal is deemed to have been struck out as he has failed to file the submissions within the February 26 deadline set by the court.
The assistant chief registrar office also confirmed in a letter dated March 19 that Musa’s lawyer had made an offer to withdraw their appeal, but refused to pay for the costs.
The Federal Court has been informed of the withdrawal and is aware that talks between lawyers for both parties has commenced over who will pay for the legal fees.
The court noted that if both parties fail to reach an amicable solution, the scheduled court date for Musa’s appeal on March 26 will convene as usual.
However, the hearing will not be to resolve the chief minister conflict, but instead decide which party will bear the costs. – The Vibes, March 23, 2021
