“This issue goes beyond whether I am chief minister or not,” Musa said just moments after the court threw out his originating summons seeking to restore him as the chief minister.
“This is about the sanctity and proper interpretation of Sabah’s constitution and the Tuan Yang Di-Pertua’s powers to appoint and dismiss a chief minister,” said Musa, referring to Sabah governor, Juhar Mahiruddin, who had sworn in Shafie less than 48 hours after Musa’s swearing-in in the wake of the May 9 polls.
Judge Yew Jen Kie awarded costs of RM15,000 each to Shafie and Juhar.
Yew in her judgment said there was no need for a motion of confidence in the state assembly to determine who has support from the assemblymen.
She said the governor could make such a decision based on “extraneous evidence” such as the statutory declarations by assemblymen who defected and pledged support for Shafie.
“For all reasons I mentioned, I dismiss both originating summonses,” said Yew in delivering her two-hour judgement.
Musa was represented by Tengku Fuad Tengku Ahmad and S Vanugopal while Shafie by Douglas Lind.
State Attorney-General Zaleha Rose Pandin represented Sabah governor Juhar Mahiruddin.