PUTRAJAYA – The Court of Appeal today dismissed the appeal brought by 33 assemblymen against a High Court ruling over the Sabah Yang Dipertua Negeri’s decision in dissolving the state legislative assembly on July 30.
Justice Datuk Abdul Karim Abdul Jalil, who led a three-member bench comprising Justices Datuk Abu Bakar Jais and Datuk Supang Lian, also rejected the assemblymen’s bid for a stay of today’s ruling pending an appeal to the Federal Court.
With this ruling, the state election will proceed as scheduled. The Election Commission (EC) has set Sept 12 for nomination and Sept 26 for polling.
Justice Abdul Karim ruled that Sabah Yang Dipertua Negeri Tun Juhar Mahiruddin had correctly exercised his discretion according to the Sabah Constitution in dissolving the state legislative assembly.
The 33 assemblymen, led by former chief minister Tan Sri Musa Aman, had appealed against the Kota Kinabalu High Court dismissal of their application for leave for a judicial review to challenge the decision of the Yang Dipertua Negeri made on July 30.
The court made the ruling after hearing submissions for two days beginning yesterday by counsel Datuk Firoz Hussein Ahmad Jamaluddin, who represented the assemblymen; Sabah Attorney-General Brenndon Keith Soh, who acted for Tun Juhar; counsel Datuk Cyrus Das, who appeared for Chief Minister Datuk Seri Mohd Shafie Apdal and the state government; and Senior Federal Counsel Suzana Atan, who acted for the EC.
Musa and several of the other assemblymen were present in court.