PUTRAJAYA – The Federal Court today dismissed an application to stop the Sabah state election, nomination for which is tomorrow and polling on Sept 26.
The application was brought by former Tamparuli assemblyman Datuk Jahid @ Noordin Jahim to stay the state election pending disposal of an appeal over who the rightful chief minister of Sabah is – Datuk Seri Mohd Shafie Apdal or Tan Sri Musa Aman.
A three-member bench led by Justice Datuk Abdul Rahman Sebli made the decision. The other two judges were Datuk Zabariah Mohd Yusof and Datuk Mary Lim Thiam Suan.
Musa was present in court.
Jahid had filed the application on Tuesday naming Mohd Shafie, Sabah State Legislative Assembly Speaker Datuk Seri Syed Abas Syed Ali and State Assembly secretary Datuk Bernard J. Dalinting as the respondents.
In his application, he sought to have the Sabah State Government Gazette dated July 30 stayed until the disposal of the appeal by the Federal Court. He also sought to stay the proclamation by the Yang Dipertua Negeri dated July 30 for the dissolution of the 15th Sabah State Legislative Assembly under Article 21(2) of the Sabah Constitution pending the conclusion of the appeal.
Musa and Jahid obtained leave from the Federal Court on Aug 26 to proceed with the appeal over their challenge of the validity of Mohd Shafie’s appointment as the Sabah chief minister.
A three-member bench led by Federal Court Judge Datuk Seri Mohd Zawawi Salleh, in a majority 2-1 decision, allowed the applications by Musa and Jahid to obtain leave to appeal against the Court of Appeal decision.
Both Musa and Jahid had their appeals dismissed by the Court of Appeal on Nov 28 last year.
A litigant must first obtain leave in order to proceed with the appeal to the Federal Court.