Kuching-based High Court judge Yew Jen Kie is scheduled to make the decision at 3pm in an originating summons filed by Musa to challenge Shafie’s appointment as the new chief minister.
On Oct 24, Yew reserved her decision after hearing submissions from counsel Tengku Fuad Tengku Ahmad and S Vanugopal, both representing Musa; Douglas Lind, acting for Shafie; and state Attoney-General Zaleha Rose Pandin, acting for Yang Di-Pertua Negeri Juhar Mahiruddin.
Musa initially filed a writ of summons against Shafie on May 17, but later withdrew it.
In June, he filed an originating summons seeking, among others, a declaration that he is the rightful chief minister of Sabah, appointed on May 10 by Juhar.
An originating summons requires no trial, with lawyers from both parties filing submissions and affidavits to argue their case. A writ of summons meanwhile requires a trial with witnesses called in to testify.
In the originating summons, Musa named Juhar as the first defendant and Shafie as the second defendant. He sought a declaration that the May 12 appointment of Shafie as chief minister was illegal.
He also sought a declaration that he remained the lawful chief minister of Sabah, and a declaration that there was no revocation or dismissal of his appointment.
Musa also sought a declaration that the first defendant (Juhar) had acted unconstitutionally in appointing Shafie as a state Cabinet member, and a declaration that all acts by Shafie and/or his Cabinet after his purported appointment as chief minister are null, void and of no effect, as well as damaging.
Musa was sworn in as chief minister on May 10 after securing a simple majority in the 14th general election. However, he lost the majority when several assemblymen from his party Umno and Barisan Nasional component Upko jumped ship to support Warisan, which is led by Shafie.
On Nov 5, Musa pleaded not guilty at the Kuala Lumpur Sessions Court to 35 corruption charges over timber concession contracts in the state amounting to US$63,293,924 (RM263,460,962.313).
In all 35 charges, Musa, 67, was accused of soliciting bribes from eight timber concession company owners during his time as Sabah chief minister cum Sabah Foundation Board of Trustees chairman. The offences were said to have been committed in eight financial institutions in Hong Kong and Singapore between December 2004 and November 2008.
Judge Rozina Ayob granted Musa, who is Sungai Sibuga assemblyman, bail of RM2 million with two sureties and ordered him to surrender his diplomatic and international passports to the court pending disposal of the case, which has been fixed for mention on Dec 13.
She allowed Musa to pay the bail in instalments, but he settled the full amount on Monday.