Apex court dismisses bid to stop Sabah polls

The Federal Court today dismissed an application to stop the Sabah election, nomination for which is tomorrow and polling on Sept 26.

The application was brought by former Tamparuli assemblyman Jahid @ Noordin Jahim who sought to stay the election pending the disposal of an appeal over the rightful chief minister.

A three-member bench led by justice Abdul Rahman Sebli made the decision.

He was joined by Zabariah Mohd Yusof and Mary Lim Thiam Suan.

Former chief minister Musa Aman was present in court.

Jahid filed the application on Tuesday naming Chief Minister Shafie Apdal, Sabah state legislative assembly speaker Syed Abas Syed Ali and state assembly secretary Bernard J Dalinting as respondents.

He sought to have the Sabah state government gazette dated July 30 stayed until the disposal of the appeal by the Federal Court.

He also sought to stay the proclamation by the governor dated July 30 for the dissolution of the 15th Sabah state legislative assembly under Article 21(2) of the Sabah constitution pending the conclusion of the appeal.

Musa and Jahid obtained leave from the Federal Court on Aug 26 to proceed with the appeal over their challenge of the validity of Shafie’s appointment as the Sabah chief minister.

A three-member bench led by Federal Court judge Mohd Zawawi Salleh, in a majority 2-1 decision, allowed the applications by Musa and Jahid to obtain leave to appeal against the Court of Appeal decision.

Musa and Jahid had their appeals dismissed by the Court of Appeal on Nov 28 last year.

A litigant must first obtain leave in order to proceed with the appeal to the Federal Court.