KOTA KINABALU: The Federal Court will decide on Aug 26 whether to allow Tan Sri Musa Aman to appeal against the Court of Appeal’s decision in dismissing his application as the rightful chief minister in November last year.
During an online case management on Thursday (June 25), Federal Court Deputy Registrar Wan Fatimah Zaharah Wan Yussof had fixed Aug 26 for the hearing at Putrajaya.
Datuk Douglas Lind, the lawyer for Chief Minister Datuk Seri Mohd Shafie Apdal in the case, said the Federal Court will hear the application by Musa's counsel for leave from the court against the decision of the lower court in dismissing Musa's appeal on the ground that it is academic.
He added the hearing was not on the claim itself, but only to decide on whether Musa is allowed to appeal against the Court of Appeal’s decision.
The Court of Appeal had on Aug 28 last year dismissed Musa's appeal against the High Court's decision to throw out his "rightful chief minister" suit with the reason that it is merely academic.
The three-member bench comprising Justices Kamardin Hashim, Rhodzariah Bujang and Mohamad Zabidin Mohd Diah dismissed the case after Shafie’s counsel Datuk Douglas Lind applied to strike out the appeal on the basis that it was merely academic.
After GE14 in 2018, Sabah Barisan secured 29 seats, Warisan-PKR-DAP secured 29 seats, and Sabah STAR won two seats.
Musa was sworn in as Chief Minister before the Yang di-Pertua Negeri Tun Juhar Mahiruddin after Sabah STAR formed an alliance with Sabah Barisan Nasional on May 10.
On May 12, Shafie took over the Musa-led government and was sworn in as Chief Minister before Juhar after six Barisan assemblymen pledged their support for the Warisan president.
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