KUALA LUMPUR – The Federal Court has ordered former Sabah chief minister Tan Sri Musa Aman to pay RM60,000 in costs after he withdrew his civil suit over the right to the chief minister’s post filed in 2018.
Tamparuli assemblyman Jahid @ Noordin Jahim, who is a nominal appellant, also withdrew his appeal and was ordered to pay Warisan president Datuk Seri Mohd Shafie Apdal RM20,000.
Three days ago, The Vibes had reported that the appeal scheduled today will ascertain which party shall bear the legal costs.
Musa, 69, who was chief minister from 2003 and 2018, had sued Sabah Governor Tun Juhar Mahiruddin and Shafie.
The three-person Federal Court bench that struck out the appeals by Musa and Jahid was chaired by Tan Sri Rohana Yusuf, Datuk Abang Iskandar Abang Hashim and Datuk Seri Mohd Zawawi Salleh.
Musa had in 2018 filed a suit seeking a declaration that the swearing-in of Shafie as Sabah chief minister by Juhar 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 14th 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 Shafie’s lawyer, 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.
The 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 had noted that if both parties fail to reach an amicable solution, the scheduled court date for Musa’s appeal on March 26 would convene as usual. – The Vibes, March 26, 2021
