Nor Asiah Mohd Yusof
KOTA KINABALU (May 18): State Attorney-General Datuk Nor Asiah Mohd Yusof has been asked to take responsibility for purportedly appointing a legal counsel to represent the Sabah State Government on May 16 when the Court of Appeal heard the Federal Government’s appeal against a Kota Kinabalu High Court decision to grant the Sabah Law Society (SLS) leave for judicial review on Putrajaya’s constitutional duty to pay 40 per cent revenue to the state.
During the hearing, the legal counsel, Tengku Datuk Fuad Tengku Ahmad, presented arguments which seemed to contradict the official stand of the State Government regarding the 40 percent special grant under Article 112C and 112D of the Federal Constitution.
As the top legal advisor to the Sabah State Government, Liberal Democratic Party (LDP) president Datuk Chin Su Phin said Nor Asiah must and should take charge of such important matters concerning the State rights and revenue, and should not have left it to an appointed legal counsel who may not have been properly instructed on the official stand and position of the State Government.
Chin was responding to Tengku Fuad’s sudden appearance at the Kota Kinabalu High Court on May 16, where the latter intervened in the Attorney-General’s appeal against a High Court decision to grant the SLS leave to challenge the 40 per cent special constitutional grant provisions.
He said the six component parties of Gabungan Rakyat Sabah (GRS) have had a meeting in which the Chief Minister Datuk Seri Panglima Hajiji Noor asserted that the State Government did not appoint Tengku Fuad as the legal counsel to represent the State Government.
In fact, he was bewildered as to why the State Attorney-General remained overseas during the hearing of such an important case on May 16 that concerns the interests of Sabah.
“It is not known if Tengku Fuad was appointed by the Attorney-General to represent the State Government as the latter is currently overseas.
“This issue seems to be a political conspiracy to topple the GRS government and tarnish the reputation of our Chief Minister,” he said in a statement today.
“To date, we do not know who instructed Tengku Fuad to represent the State Government.
“But what he said in court contradicted the stand of the State Government and Chief Minister.”
Chin said the legal suit by the SLS represents the hopes and rights of the people of Sabah in claiming its longstanding entitlement under Article 112C and 112D of the Federal Constitution and must surely be commended for its efforts and time.
For the SLS to be called “sticking its nose in … such matters” has never been the official stand of the Sabah State Government, he said.
Chin said the State Government respects SLS’ initiative in commencing legal proceedings on the Special Grant and sees the move in a positive light.
Nevertheless, he said the State Government did not intend to intervene in the court action, nor had the State Cabinet or GRS component parties had a meeting to discuss this matter prior to the May 16 hearing.
“The State Government is not involved in the legal proceedings so it is suspicious as to why Tengku Fuad claimed that he was appointed to represent the State Government.
“If Tengku Fuad was appointed by the State Attorney-General, the latter should be held responsible and resign from her position.
“Otherwise, the Chief Minister should immediately sack the State Attorney-General for failing in her duty to properly consult or advise the State Government.”
He said the Attorney-General’s role is to advise the Chief Minister and Cabinet on legal matters, especially on the legal proceedings concerning the Special Grant to Sabah.
“However, the State Attorney-General was overseas during the hearing and only dispatched her officers to the court hearing.
“We cannot have the current State Attorney-General continue to advise the State Government as the consequences will be detrimental to Sabah.”
Former Petagas assemblyman Datuk James Ligunjang said the eerie silence from the State Attorney-General on the State Government’s 40% entitlement has left many questioning her competency to occupy the office.
As the chief legal officer for the state, Ligunjang said Nor Asiah should be at the forefront in advocating for and defending Sabah’s rights as enshrined in the Malaysia Agreement 1963 and the Federal Constitution.
“Her advocacy is crucial for ensuring that the state’s and people of Sabah interests are protected and that justice is pursued in accordance with the law. The absence of her voice on this critical matter undermines the confidence of the people in her ability to serve effectively in her role,” he said in a statement on Saturday.
Ligunjang added it should be the role of the State Attorney-General to actively engage with and address the legal issues affecting Sabah, providing clear guidance and support to the State Government.
“Her role is not only to offer legal advice but also to be a vigilant guardian of the state’s legal and constitutional rights. “The silence on these pivotal matters raises serious concerns among Sabahans about the effectiveness, competency, and dedication of the State Attorney-General in fulfilling her responsibilities.
“The people of Sabah are waiting for you to offer legal directions!” he said.
Warisan Supreme Council member Chen Ket Chuin said the government should get the State Attorney-General to appear for the State Government in the upcoming hearings, including the case management on May 24 and not Tengku Fuad anymore.
“In fact, the Chief Minister should write to inform the Court of Appeal that all statements made by Tengku Fuad were his personal views and not the State Government. “Other GRS leaders were saying that Tengku Fuad had no legal standing to speak on behalf of the State Government,” Chin said in a statement on Saturday.
He added it is very important not only for the Sabahans, but also the Court to know whether Tengku Fuad was appointed by the State Government. The Court would take all the submissions raised by Tengku Fuad in the hearing and would dismiss the SLS’s case.
“Hence, notwithstanding the press statement of the Chief Minister nor the statements of all the other GRS leaders, as of now, Tengku Fuad is still, on the records with the Court of Appeal, the lawyer for the State Government and he had submitted to stop any claim for the State Government to ask from the Federal Government to pay the 40% revenue due now or the lost years,” he said.
Chin also expected there were no leaders from DAP and PKR Sabah turning up in Court on May 16 to support SLS.
He claimed since they had withdrawn their summons for 40% revenue against the Federal Government in September 2020, they would rather see the Court of Appeal dismiss SLS’ case.
Another Warisan Supreme Council member Mazliwati Abdul Malek challenged the State Government to sue Tengku Fuad if he is not representing the State Government.
“The damage should be the potential loss to gain the 40% from the Federal Government since 1974,” she said.
On Friday, Hajiji said the State Government of Sabah categorically confirms that it will never give up the fundamental constitutional rights of the State of Sabah in relation to the 40 percent Net Revenue special grant under Article 112C and 112D of the Federal Constitution.
He said this fact is reinforced by the Prime Minister in his 2023 budget speech when he recognised and confirmed that the Federal Government is committed to improve the rate of the special grant compared to what was previously agreed and will expedite the negotiations to find a solution.
On Thursday, the Court of Appeal adjourned its decision on the Federal Government’s appeal against the leave granted to the SLS to seek a judicial review regarding the state’s 40 per cent grant revenue.
Court of Appeal judges Datuk Ravinthran N. Paramaguru, Datuk Mohd Nazlan Mohd Ghazali and Datuk Dr Choo Kah Sing fixed May 24 for case management to set the date for the decision after hearing submissions from all parties.
The Federal Government is appealing against the Kota Kinabalu High Court’s decision on Nov 11, 2022, to grant SLS leave to seek judicial review regarding the matter to compel the return of 40 per cent of Federal revenue earned from the state according to the Federal Constitution.
The court also granted the Sabah Government’s application, represented by Tengku Fuad, to intervene in the appeal.
On Nov 11, 2022, Justice Ismail Brahim granted SLS’s application for leave for the judicial review ruling that SLS had locus standi for judicial review as it was a public interest litigation.
The AGC obtained a stay order to stop the High Court from hearing the merits of the case pending the appeal.
SLS filed the judicial review application in 2022, to overturn the Federal Government’s gazette of an RM125.6 million annual grant for Sabah, claiming that it violated the state’s revenue rights under the Malaysia Agreement 1963 (MA63).