KOTA KINABALU, May 3, 2018: Sabah Progressive Party president Datuk Yong Teck Lee along with six other Gabungan Sabah leaders have filed an appeal against the High Court’s decision to strike out their legal action against the Prime Minister and the Election Commission.
The group, represented by their counsel Yong Jit Jee, filed their appeal at the High Court Registry at 11am on Thursday.
High Court judge Justice Azhahari Kamal Ramli had on April 23 dismissed the group’s originating summons seeking the court’s order that the Prime Minister be compelled to table the EC’s report on the 13 new Sabah State Assembly seats in Parliament.
Justice Azhahari in dismissing the group’s legal action, held that they had no locus standi to do so and that the issue was academic since Parliament had been dissolved on April 28.
The judge however agreed with the group’s contention that the Prime Minister had no discretion of not tabling the EC report on the 13 additional Sabah Assembly seats as it was deemed mandatory as spelt out under Section 9 of the 13th Schedule of the Constitution.
On Thursday, Yong said the group disagreed with Justice Azahahari’s ruling that they had no locus standi and that the issue has become an academic one.
“We strongly believe that is not the case. As registered voters and citizens of Sabah, we have the right to protect the sanctity of the Sabah Constitution, the honour of the Sabah Legislative Assembly and dignity of the Sabah people,” he said.
“And although Parliament has been dissolved the issue is not an academic exercise as a new Parliament is to be elected on May 9,” Yong added.
“It remains the constitutional duty of the new Prime Minister to respect the Sabah Constitution and people by tabling the EC report and thus increasing the Sabah State Assembly to 73 seats,” he said.
“As MP I will make sure of that in the first session of Parliament,” said Yong who is contesting the Kota Kinabalu Parliamentary seat.
“If the Prime Minister, whoever he is, refuses to table the EC report in Parliament, I and other MPs from Gabungan Sabah will move a motion of no confidence against the Prime Minister for failing to fulfill his constitutional duty to Sabah,” he added.
The other plaintiffs in the legal action were SAPP vice president Datuk Shuaib bin Dato Mutalib, Gabungan Sabah secretary Edward Dagul and SAPP EC Matters Committee chairman Japiril Suhaimin.
Also named as plaintiffs were Parti Solidariti Tanah Air deputy president Edward Linggu, Parti Harapan Rakyat Sabah youth chief Jovilis Majami and Parti Perpaduan Rakyat Sabah executive secretary Anesthicia binti Usun.