‘AGC has right to appeal High Court’s ruling on Sabah’s entitlement’


PETALING JAYA: Sabah leaders who threatened to quit the government if the Attorney-General’s Chambers (AGC) appeals the High Court’s ruling on Sabah’s 40% revenue entitlement have been cautioned, with a PKR leader calling such an action an unhealthy act of “political ransom”.

Hassan Abdul Karim said the judicial process must not be obstructed, pointing out that the AGC has the right to file an appeal.

“If we truly uphold the rule of law and the supremacy of the Federal Constitution, the AGC must be allowed to perform its duty,” he said in a statement.

Hassan said such threats went against the principles of constitutional democracy.

He also pointed out that Sabah had received a higher allocation in Budget 2026 compared to several states in Peninsular Malaysia, including Terengganu, Kelantan, Perlis and Kedah.

“This issue involves constitutional law under Articles 112C and 112D of the Federal Constitution. The final say on such matters lies with the Federal Court, not the High Court in Kota Kinabalu,” he said.

“Malaysia as a federation will be weakened if political threats are used to pressure the Federal Government. Let the legal process take its full course.”

On Oct 18, the High Court in Kota Kinabalu ruled that the Federal Government breached the fundamental right of the state government of Sabah and its people for not honouring the 40% net revenue entitlement.

Justice Celestina Stuel Galid had, among others, stated that the failure of the Federal Government to hold a second review in 1974 with the Sabah government was a breach and contravention of its constitutional duty.

This means that the 40% entitlement remains due and payable to Sabah for each consecutive financial year from 1974 to 2021.

Following the court’s decision, some Sabah leaders have urged the AGC not to appeal the case.

Among them is Upko president Datuk Ewon Benedick, who said that he will resign from Cabinet if the AGC files an appeal against the High Court decision.

Ewon is Entrepreneur and Cooperatives Development Minister and Penampang MP.

Sabah Umno chief Datuk Seri Bung Moktar Radin said the movement will pressure its lawmakers to bring a memorandum of objection to the Prime Minister if the Federal Government decides to appeal.

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