In a statement, his lawyer Tengku Fuad Ahmad of FT Ahmad & Co said Musa viewed the sitting as an attempt to thwart his legal action and pervert the course of justice.
“It is public knowledge that the court action has yet to be decided.
“It is illogical for the special sitting to be convened, given the conflict between the two appointed chief ministers.
“Who would the speaker of the assembly be putting to sit on the government bench?”
Tengku Fuad said it would be illogical for the speaker to put the “unlawful chief minister”, Shafie Apdal, on the government bench as Musa was the lawfully installed and sitting chief minister.
The May 9 general election ended in a hung assembly with the Barisan Nasional (BN) and the Parti Warisan Sabah-led alliance both winning 29 seats. The remaining two seats went to Parti Solidariti Tanah Airku (STAR) led by its president Jeffrey Kitingan.
STAR threw its support behind BN, giving them a majority 31 seats in the 60-member assembly, and Musa was sworn in as chief minister.
However, subsequent defections from Umno and Upko swung the majority to the Warisan-led alliance, and Shafie, who is Warisan president, took the oath as chief minister.
Tengku Fuad said placing Shafie on the government bench would be tantamount to the speaker taking sides and making a decision which ought to be reserved for the court.
He said Musa had instructed his firm to look into possibly amending the originating summons to include the issue of the “unlawful” special sitting.
“As my client has stated, his court action is all about the respect of the rule of law, the Sabah constitution and the exercise of powers of the Sabah governor.
“Regardless of the outcome, Musa prays that the law will be allowed to take its course and justice will prevail without any external interference,” the lawyer said.
On June 6, Musa dropped his lawsuit against Sabah governor Juhar Mahiruddin and Shafie, but instead filed an originating summons which allows the case to proceed without the parties having to be present in court.
Fuad said with the originating summons, there would only be paperwork and submissions minus the requirement for a trial.