The application, filed by law firm Messrs J Marimuttu and Partners, named the federal government as the respondent.

Following an announcement by the federal government on April 14 on an agreement reached between the federal and Sabah governments, SLS is seeking a declaration, among others, that the federal government’s failure to hold a second review in 1974 with the state government was a breach and contravention of its constitutional duty stipulated under Article 112D, Clauses (1), (3) and (4) of the Federal Constitution.

It said the 40% entitlement remained due and payable by the federal government to the state government for each consecutive financial year for the period from 1974 to 2021, in which a failure to pay the entitlement was a breach of the fundamental right to property of the Sabah government and ultimately, of the people of Sabah as enshrined under Article 13 of the Federal Constitution.

SLS also sought an order of mandamus directed to the respondent to hold another review with the state government under the provisions of Article 112D of the Federal Constitution, to give effect to the payment of the 40% entitlement for each consecutive financial year from 1974 to 2021 within 30 days, and to reach a decision within 90 days from the date of the order, and that the respondent pays the entitlement to the state government or as constitutional damages for breach of Article 13 of the Federal Constitution, or both.

The new special grant for Sabah had been increased from RM26.7 million to RM125.6 million for 2022, according to a joint statement by Prime Minister Ismail Sabri Yaakob and Sabah chief minister Hajiji Noor on April 14, which was published in the Federal Gazette on April 20.

The statement also said the federal and Sabah governments would continue negotiations on the 40% revenue claim by Sabah.