The summons was filed yesterday, through Messrs FT Ahmad & Co which is acting for Musa and it named Tun Juhar and Mohd Shafie as the first and second respondents, respectively.
In the summons supported by an affidavit, Musa is seeking a declaration that he, as the plaintiff is and remains the lawful Sabah chief minister, and a declaration there was no revocation, removal or dismissal of the plaintiff’s appointment as chief minister.
He is also seeking a declaration that the 1st defendant’s act or acts subsequent to the plaintiff’s appointment as chief minister, with respect to the 2nd defendant’s purported appointment as chief minister were ultra vires the Constitution of the State of Sabah (‘State Constitution’), and therefore, null and void and of no effect.
In the summons, Musa is also seeking a declaration that the 1st defendant acted unconstitutionally in appointing the 2nd defendant in the state cabinet, and a declaration that the 1st defendant’s failure, neglect and/or refusal to appoint the plaintiff’s six nominated assemblymen as advised by the plaintiff was contrary to the state constitution.
Musa is also seeking a declaration that all acts and things done by the 2nd defendant and/or his purported cabinet after his purported appointment as the purported chief minister are null, void and of no effect.
On May 7, he filed a writ of summons against the 1st and 2nd defendants but the plaintiff yesterday discontinued it, and instead filed the fresh summons against both 1st and 2nd defendants. — Bernama