Sabah AG told to resign over blunder in 40% revenue challenge

Sabah attorney-general Nor Asiah Yusof failed in her duty to properly consult or advise the state government, says LDP leader Chin Su Phin. (Facebook pic)

PETALING JAYA: Sabah’s Liberal Democratic Party (LDP) is demanding that the state’s attorney-general, Nor Asiah Yusof, resign over the appointment of a lawyer whose arguments contradicted the state government’s stance on its 40% revenue legal challenge.

LDP president Chin Su Phin said Asiah should have taken charge of such an important matter instead of appointing a counsel who may not have been properly briefed on the state government’s official stand, The Borneo Post reported.

“If Tengku Fuad (Ahmad) was appointed by the state attorney-general, the latter (Asiah) should be held responsible and resign from her position,” Chin was quoted as saying.

“Otherwise, the chief minister should immediately sack the state attorney-general for failing in her duty to properly consult or advise the state government.”

Chin was responding to Tengku Fuad’s appearance in the Kota Kinabalu High Court on Thursday, in which he intervened in the attorney-general’s appeal against a High Court decision to grant the Sabah Law Society (SLS) leave to challenge the special grant Sabah is entitled to.

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% of federal revenue earned from the state according to the Federal Constitution.

On Nov 11, 2022, Justice Ismail Brahim granted SLS’s application for leave, ruling that the society had locus standi to seek judicial review as the case was one of public interest.

The Attorney-General’s Chambers 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 gazetting by the federal government of a RM125.6 million annual grant for Sabah, claiming that it violated the state’s revenue rights under the Malaysia Agreement 1963 (MA63).

On Friday, the Court of Appeal adjourned its decision on the federal government’s appeal and fixed May 24 for case management to set the date for the decision after having heard submissions from all parties.

Chin called on the chief minister to inform the Court of Appeal that all statements made by Tengku Fuad were his personal views and not the state government’s, adding that to date, it is not known who instructed Tengku Fuad to represent the state government.

Chief minister Hajiji Noor has since ordered the Sabah attorney-general’s office to review the legal proceedings and correct any misguided statements differing from the Sabah government’s formal position.

Hajiji also met with Gabungan Rakyat Sabah leaders to scrutinise Tengku Fuad’s assertion in the appeal court.

Meanwhile, Warisan Supreme Council member Mazliwati Abdul Malek challenged the state government to sue Tengku Fuad if he was not representing the state government.

“The damage should be the potential loss to gain the 40% from the federal government since 1974,” she was quoted as saying.


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