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ON Friday, Sulaiman Md Ali said the letter advising Yang di-Pertua Negeri (YDPN) Tun Mohd Ali Rustam to dissolve the state assembly was sent when he was still the Chief Minister (CM).

“My letter to Tun was when I was still the CM. So, I handed it over to Tun and it was up to him (to dissolve the state assembly),” Sulaiman told reporters.

“Everything is according to the rules and legislation, so if anyone is not satisfied, go to the relevant parties,” he added.

Sulaiman was perhaps responding to Pakatan Harapan Presidential Council’s contention that the dissolution of the state assembly was based on the erroneous advice given by a chief minister who had lost majority support of the assemblymen.

“After four assemblymen withdrew their support for the chief minister, based on the state constitution, the chief minister lost his appointment and eligibility to advise TYT,” the presidential council said in its statement.

It is curious that such a statement should be made given that the dissolution of the state assembly parallels the dissolution of the Sabah state assembly in July last year.

The following facts are based on the reported case – Tan Sri Musa bin Hj Aman & Ors v Tun Datuk Seri Hj Panglima Hj Juhar Hj Mahiruddin & Ors [2021] – and media reports.

On July 29, 2020 Mohd Shafie Apdal, then acting as the Sabah CM, wrote to the YDPN requesting the latter to issue a proclamation for the dissolution of the 15th Sabah state assembly.

The next day, it was reported that Shafie held an audience with the YDPN in the morning. An entourage led by Shafie was seen entering the Sabah Palace in Kota Kinabalu at around 8.25am. Shafie’s car was seen leaving the palace at 9.00am.

At the same time, it was reported that former CM Musa Aman was on the way to the Sabah Palace to meet with the YDPN at 10.00am. It did appear that the meeting took place. Malay Mail reported that Musa was barred from entering the palace.

A day before, Musa held a press conference announcing that he had purportedly secured enough support among assemblymen to form a state government.

To cut the story short, later in the day it was announced that the YDPN, having agreed to the request by Shafie acting as the CM, had signed and issued the proclamation of the dissolution of state assembly. On the same day, the proclamation was gazetted.

Musa asserted that he had the right to be sworn-in as CM. He said the YDPN had the responsibility to consider the majority that he purportedly had. He further claimed he had a simple majority with the support of 33 assemblymen to form Sabah government. It was therefore not necessary to dissolve the state assembly.

Musa said he had wanted to request the YDPN to rescind the latter’s consent to dissolve the state assembly and to instead appoint him as CM, but he was barred from entering the palace.

Musa subsequently applied to the High Court for leave for judicial review to quash the decision of the YDPN to dissolve the state assembly and the proclamation. The learned Judicial Commissioner dismissed the application. Musa appealed to the Court of Appeal.

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