KOTA KINABALU: Pakatan Harapan component Upko has expressed approval of the Federal Court's decision favouring the Sabah Law Society (SLS) in its pursuit of a review of Sabah’s 40% constitutional entitlement.
Secretary-general Datuk Nelson W Angang stated that the Federal Court's dismissal of the Federal Attorney General's (AG) leave application to appeal allows the High Court to proceed with hearing SLS’ judicial review application.
"This concerns Sabah’s entitlement, especially regarding the 'lost years' from 1973 to 2021 when no review was conducted," he said in a statement on Friday (Oct 18).
He emphasised that the decision should be respected and viewed as a positive development for public interest litigation concerning constitutional matters to be determined by the court.
Angang affirmed Upko's respect for SLS's right to pursue the matter through legal channels.
"We have always believed it is important for Sabah’s 40% constitutional entitlements to be resolved by legitimate means, whether through Parliament, the Cabinet, or the court of law," he said.
On Thursday (Oct 17), the Federal Court ruled that SLS has the locus standi to seek judicial review regarding the state's entitlement to 40% of grant revenue.
A three-member panel led by Justice Nallini Pathmanathan decided that the High Court could hear the judicial review.
The court also denied the federal AG’s application for leave to appeal against SLS’ judicial review application.
SLS’ immediate past president, Datuk Roger Chin, noted that the AG’s failure allows the judicial review to proceed to its next phase, where the merits of the case will be evaluated by the Kota Kinabalu High Court.
Case management is scheduled for Oct 30, where directions for the next steps will be issued.
In 2022, Sabah Pakatan also initiated legal action against the federal government via an originating summons to claim Sabah's 40% constitutional right.
Twelve Sabah Pakatan representatives filed a claim in the High Court for Sabah's entitlement to the return of 40% federal revenue from the state.
However, they withdrew the suit in September last year, citing positive progress on the claims under the Malaysia Agreement (MA63) and assurances from the federal government that their claims would be addressed.
