Earlier this month, Yusof resigned from Warisan to become an independent backing the Gabungan Rakyat Sabah government. He has since brushed off assertions that his resignation from his party meant he also had to vacate his seat.

In a statement, Kadzim clarified that on Oct 8, Yusof announced his withdrawal from Warisan and later that day requested a meeting with him, which was held on Oct 11.

“During the meeting, YB Datuk Dr Yusof Yacob submitted to me a statutory declaration (SD), declaring (among other things) that he is revoking all the pledges he has made with Warisan … including, if any, a pledge to vacate the state seat of Sindumin should he leave Warisan.”

Kadzim said that days later on Oct 15, he received a letter dated Oct 8 from lawyers purporting to represent Yusof that said the Sindumin man resigned from the state assembly.

The next day, Yusof submitted another SD denying he had ever signed the Oct 8 resignation letter.

“To determine the status of the N.35 Sindumin seat, I am guided by the documents that have been submitted to me, the meeting conducted on Oct 11, the law as it now stands and the case of Ahli Dewan Undangan Negeri Sebatik which is similar in facts with the issue now at hand,” he said.

In that case, Warisan sent a similar resignation letter to push Sebatik assemblyman Hassan A Gani Pg Amir to vacate his seat when he left Warisan to support GRS in February. That, too, was rejected by Kadzim.

“Although YB Datuk Dr Yusof Yacob is no longer a member of the political party, namely Warisan, the N.35 Sindumin seat did not fall vacant when YB Datuk Dr Yusof Yacob declared that he was leaving Warisan on Oct 8.

“Therefore, YB Datuk Dr Yusof Yacob is still the ahli dewan undangan negeri (Adun) for the N.35 Sindumin seat.”