KOTA KINABALU: Parti Warisan Sabah will be taking urgent legal steps to compel the Sabah Assembly Speaker to accept Sebatik state assemblyman Hassan Gani Amir’s pre-signed resignation and declare the seat vacant.
Warisan secretary-general Datuk Loretto Padua said party lawyers have documents that clearly indicate Hassan’s agreement to resign in the event he leaves the party.
He said Hassan had also willingly signed a letter of allegiance to Warisan.
“Warisan is saddened by the Speaker's decision to not accept Hassan's pre-signed resignation and will take steps to get legal recourse immediately.
"The party will take urgent legal steps to compel the Sabah Assembly Speaker to accept Hassan’s resignation and declare the seat vacant," he said in a statement here on Wednesday (March 3).
Padua said that in a letter dated Sept 10,2020, to his lawyers, Hassan had instructed them to date and submit his resignation letter to the Speaker and the Head of State in the event that he, among others, declared himself independent before or after being sworn in as an assemblyman.
He said lawyers executed the instruction following Hassan’s announcement to become an independent on Feb 25 last week.
Hassan's letter of resignation dated Feb 26,2021, was then submitted to Speaker Datuk Kadzim Yahya on Tuesday (March 2).
Earlier on Wednesday (March 3), Kadzim defended Hassan, saying that there is no vacancy in the Sebatik seat because "a pre-signed undated resignation is void and against public policy".
Warisan had on Tuesday (March 2) released a video of Hassan declaring his oath of allegiance to the party in the name of God, saying he would remain with the party till the end of the term of the assembly.
In that video purportedly recorded last year when he was named the Warisan candidate for Sebatik for the 2020 state election, he had pledged to submit his resignation letter to the Speaker and Head of State should he breach his allegiance to Warisan.
Padua said all Warisan candidates had made the pledge of loyalty to the party voluntarily without any coercion from the party.
He also said it was Hassan's second opportunity contesting in the state election under the Warisan ticket after losing to a Barisan Nasional candidate in 2018.