Sabah BN chairperson Musa Aman has filed a fresh summons against governor Juhar Mahiruddin and Parti Warisan Sabah president Shafie Apdal, as a substitute to a writ of summons filed earlier (May 17), seeking a declaration that he remain the lawful Sabah chief minister.
The summons was filed today, and named Juhar and Shafie as the first and second respondents, respectively.
In the summons supported by an affidavit, Musa is seeking a declaration that he, as the plaintiff, is and remains the lawful Sabah chief minister, and a declaration there was no revocation, removal or dismissal of the plaintiff’s appointment as chief minister.
He is also seeking a declaration that the 1st defendant’s act or acts subsequent to the plaintiff’s appointment as chief minister, with respect to the 2nd defendant’s purported appointment as chief minister were ultra vires the state constitution, and therefore, null and void and of no effect.
In the summons, Musa is also seeking a declaration that the 1st defendant acted unconstitutionally in appointing the 2nd defendant in the state cabinet, and a declaration that the 1st defendant’s failure, neglect and/or refusal to appoint the plaintiff’s six nominated assemblypersons as advised by the plaintiff was contrary to the state constitution.
Musa is also seeking a declaration that all acts and things done by the 2nd defendant and/or his cabinet after his appointment as the chief minister are null, void and of no effect.
On May 7, he filed a writ of summons against the 1st and 2nd defendants, but the plaintiff today discontinued it, and instead filed the fresh summons against both 1st and 2nd defendants.