The two men, ex-police inspector Bernard Fung Fon Chen, 73, and former teacher Mohd Nazib Maidan, 38, exhausted all their legal avenues yesterday after the Federal Court dismissed their application for leave to appeal against a Court of Appeal decision.
The policy provided the special rights for Sabahans and Sarawakians to be appointed to the top posts in the civil service of both states.
In the judgment dated Feb 1, 2013, the Court of Appeal had agreed with the Federal and Sabah governments that both men had no locus standi to sue them.
The Bench, comprising Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin, Federal Court judges Justices Suriyadi Halim Omar and Ahmad Maarop, agreed with the earlier rulings of the High Court and Court of Appeal that both men had no locus standi to take any legal action against the two governments on the matter.
The Federal Court held that Fung and Mohd Nazib were individuals who had no legitimate grievances on the matter.
The three judges also noted that both men had done nothing with regard to the Borneonisation policy but after many years had suddenly woken up to go to court to sue the governments.
Earlier, counsel Ken Yong who represented the two men argued that every Sabahan or native of Sabah had the right to initiate legal action if they see something wrong in respect to the Malaysian Agreement.
Under the Malaysia Agreement in 1963, the two states teamed up with Malaya to form Malaysia.
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