Sabah Cabinet expected to deliberate possible action against state AG, says Kitingan


KOTA KINABALU: The state Cabinet is expected to deliberate if action can be taken against Sabah Attorney General Datuk Nor Asiah Mohd Yusof and lawyer Tengku Fuad Ahmad.

Deputy Chief Minister Datuk Seri Dr Jeffrey Kitingan, however, declined to provide details.

"I will not speculate here, wait for the Cabinet decision," he said.

The state Agriculture, Fisheries and Food Industry Minister was responding to calls by Liberal Democratic Party (LDP), Sabah Progressive Party (SAPP) and United Sabah National Unity (Usno) for Nor Asiah's resignation.

"The political party presidents and other government leaders had discussed the matter on May 17 morning.

"There is no need to say much as most have been reported in the papers. But we will further discuss this in the Cabinet meeting," he said.

Tengku Fuad, who represented the state government, made a sudden appearance to intervene at a Court of Appeal's hearing on May 16 in which the federal government argued to dismiss the Sabah Law Society's (SLS) bid for a judicial review on the state's right to the return of 40% return of revenue, as stipulated in the Federal Constitution.

He caused a stir when he argued that Article 112C of the Federal Constitution was "not a mandatory or absolute right" when the matter of SLS's locus standi was raised.

In his argument, he said the 40% special grant revenue was aspirational, designed for something to work towards as opposed to an absolute right.

Chief Minister Datuk Seri Hajiji Noor had recently insisted that the federal government is legally and constitutionally bound to repay the state 40% of its revenue.

"This state right was negotiated prior to the formation of Malaysia and is enshrined in the Federal Constitution. It is the financial entitlement of the State. This stand is very much more than an aspiration," he said.

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