KOTA KINABALU, 12 November 2025 – The Federal Government’s announcement that it will “not appeal” Sabah’s 40% entitlement, but will still file a partial appeal, is contradictory and deeply troubling. A conditional respect for Sabah’s rights is not respect at all.
In law, an appeal is still an appeal. Once it is filed, the entire judgment is reopened for review. The Federal Government cannot claim to respect the High Court’s decision while at the same time appealing against the reasoning that forms its foundation. You cannot “agree” with the result but “disagree” with the truth that led to it.
The Attorney-General’s Chambers (AGC) stated that the appeal will be limited to the findings of abuse of power and breaches of constitutional duty involving both the Federal and Sabah Governments since 1974, and the invalidity of review orders made after 2021. But these are not mere technicalities, they are the core findings that revealed how Sabah’s rights were ignored and violated for nearly half a century.
By appealing, the Federal Government is in effect trying to overturn the entire judgment and erasing the justice Sabahans have finally won. If the appellate court accepts the AGC’s arguments, the “lost years” from 1974 to 2021 could be deemed lawful, wiping away decades of constitutional neglect. That would undo the hard-fought recognition of Sabah’s 40% entitlement and make the promise of negotiation meaningless.
Sabah’s 40% entitlement is not a favour or political goodwill. It is a constitutional right written clearly in Article 112C and the Tenth Schedule of the Federal Constitution. Respect for Sabah’s rights cannot come with conditions, limits, or hidden clauses.
If the Federal Government is sincere, it should prove it. Don’t appeal entirely and immediately begin transparent implementation of the 40% entitlement. Anything less is not sincerity, but devious strategy to strike against the High Court judgment AFTER the Sabah elections.
Lawyer Yong Yit Jee
Supreme Council Member cum Vice Youth Chief
Sabah Progressive Party (SAPP)