KOTA KINABALU: Tan Sri Musa Aman may not be able to call for a state election even if High Court rules in favour of him in the lawsuit to challenge the appointment of Datuk Seri Mohd Shafie Apdal as Sabah Chief Minister.
Former High Court judge Datuk Douglas Christo Primus said Musa, who is Sungai Sibuga state assemblyman, could only convene at the State Legislative Assembly for a vote of no confidence.
He said Musa, who was Sabah Barisan Nasional (BN) chairman, however no longer held the majority after six BN assemblymen joined Parti Warisan Sabah who formed the state government with DAP and PKR after the 14th General Election.
“Those who can call for a state election are those with majority.
“Musa could only call for state assembly sitting to get votes and confidence. Without the majority, however, he still could not become the chief minister.
“The main question now is, if Musa wins (his bid in the court), the next step after the sitting is whether he could still get majority?
“There are many possibilities, but it is difficult to say until there is a court ruling,” he said when contacted by NSTP.
Douglas said in the instance of court ruling made in favour of Mohd Shafie, Musa could still file an appeal at Court of Appeal.
In June, Musa had filed summons with affidavit support against Yang di-Pertua Negeri, Tun Juhar Mahiruddin and Mohd Shafie in regards of the chief minister’s appointment.
The summons, among others, is to seek declaration that Musa is the rightful chief minister besides claiming the swearing-in of Mohd Shafie by Juhar is unconstitutional and illegal.
In response, Mohd Shafie filed an application to strike out the lawsuit by Musa, stating that his predecessor has no reasonable grounds to challenge the appointment on May 12.
Musa was sworn in on May 10, when he secured 31 majority consists of BN and Parti Solidariti Tanah Airku assemblymen.
However, two days later BN lost majority when several of its assemblymen voiced their support for Parti Warisan Sabah and Pakatan Harapan to form a government led by Mohd Shafie.