SANDAKAN – The Sabah government retracting its submission in the 40% grant revenue judicial review against Putrajaya showed that it is in line with the fight for the state’s constitutional rights, said Sabah Law Society (SLS).
SLS president Mohamed Nazim Maduarin said the legal body, which is the plaintiff, welcomes the decision and public support in the fight for Sabah’s rights.
“The decision on June 18, 2024, will determine whether SLS can continue to pursue Sabah’s right to the 40% Entitlement for the Lost Years (1974 to 2021).
“SLS trusts and respectfully submits to the discernment of the court to arrive at the necessary and just decision.
“We remain non-partisan and independent of any political party,” Nazim said in a statement today.
This came after the case management which was done online today, which saw state Attorney-General Datuk Nor Asiah Mohd Yusof withdrawing all submissions previously made by lawyer Datuk Tengku Fuad Tengku Ahmad at the Court of Appeal in Kota Kinabalu on May 16.
The withdrawn submissions include all arguments concerning the “locus standi” of the SLS, as well as the submission referring to Articles 112C and 112D of the Federal Constitution as “an aspiration” and not a mandatory or absolute right of the state of Sabah.
Meanwhile, former SLS president Datuk Roger Chin said the development does not mean that the Sabah government is officially not intervening in the federal government’s appeal.
“Legally, they (Sabah government) are still intervening, because they had never withdrawn the intervener application itself.
“However, they have retracted many of the submissions they have effectively submitted in support of SLS,” he told Scoop.
When asked if it means that the Sabah government will be siding with the SLS in the suit, Chin said: “You can look at it that way, because they are no longer challenging SLS’ locus standi, and are saying that it (judicial review) is justiciable.”
“Ideally, SLS and the state government should sail in the same direction.”
Scoop contacted lawyer Datuk Tengku Fuad Tengku Ahmad who had represented the Sabah government to submit an intervention at the Court of Appeal on May 16.
However, Fuad refused to comment on the matter. – May 24, 2024