Judge Yew Jen Kie threw out the originating summons by Musa, who wanted the court to declare that the swearing-in of Warisan leader Shafie Apdal on May 10 was unconstitutional.

Musa, who had named Sabah Yang Di-Pertua Juhar Mahiruddin and Shafie as defendants, was initially sworn in as chief minister in a delayed ceremony a day after the May 9 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.

Musa was represented by counsels Tengku Fuad Tengku Ahmad and S Vanugopal. Shafie was represented by Douglas Lind, while Sabah Attorney-General Zaleha Rose Pandin acted for Juhar.

Musa initially filed a writ of summons against Shafie on May 17, but later in June filed an originating summons, under which a trial is not required, with lawyers making arguments through submissions and affidavits.

Musa’s summons today also sought a declaration that all acts by Shafie as chief minister were null and void.

Musa, who is facing 35 corruption charges over timber concession contracts in the state, is currently out on RM2 million bail which he settled on Monday, allowing the ban on him from flying to Kota Kinabalu to be lifted.