KOTA KINABALU: Parti Warisan Sabah president Datuk Seri Mohd Shafie Apdal has been declared as the legitimate Sabah Chief Minister.
Kuching High Court judge Datuk Yew Jen Kie ruled that the May 12 appointment of Shafie by the Yang di-Pertuan Negeri Tun Juhar Mahiruddin was valid under the Sabah constitution.
Justice Yew dismissed a suit by former Sabah Barisan Nasional chairman Tan Sri Musa Aman, who claimed that his dismissal as chief minister was illegal and against the state constitution.
The decision puts an end to the political uncertainty in the state following the May 9 general election that left Sabah with a hung state assembly.
In GE14, Sabah Barisan, led by Musa, won 29 seats while Warisan and its partners, DAP and PKR, won 29 seats in the 60-seat house.
Musa was sworn in a day later on May 10 with the support of Parti Solidariti Tanah AirKu (Sabah STAR), led by Datuk Jeffrey Kitingan, which who won two seats.
However, after a spate of defections by six assemblymen from Sabah Umno and its ally Upko, Barisan lost the majority and Juhar swore Shafie in as Chief Minister onMay 12.
Musa, however, disputed his removal, saying that he never tendered his resignation as chief minister.
Musa filed a suit against Juhar and Shafie at the High Court here on May 17, seeking a declaration that he is the lawful Sabah chief minister.
Musa later withdrew the suit and refiled a fresh originating summons with the same grounds on June 6, which would see his case argued based only on points of law, without the need for a trial.
The originating summons also sought declaration that the purported swearing-in of Shafie as a second chief minister on May 12 by Juhar was unconstitutional.