Sabah AG retracts controversial statement in court, replaces lawyer over blunder in 40pc revenue challenge

KOTA KINABALU, May 24 — The state government has retracted its stand against the Sabah Law Society in the Court of Appeal after a controversial statement and a public outcry last week and replaced its legal counsel.

In a statement here today, Sabah Attorney General Datuk Nor Asiah Mohd Yusof said the new team representing the state government now includes herself, special legal adviser to the chief minister and former state attorney general Datuk Brenndon Keith Soh, and state counsels Devina Teo and Roland Alik.

“The Court of Appeal was informed that Messrs. FT Ahmad & Co has ceased to act for the state government of Sabah and that the State Attorney General’s Chambers has taken over the full conduct and care of the matter,” she said.

In the case management today, she said that the state government retracts all submissions made in the Court of Appeal on the issue of locus standi of the Sabah Law Society and the submission made in the Court of Appeal referring to Articles 112C and 112D of the Federal Constitution as being “an aspiration” and not a mandatory or absolute right of the state.

“As the state government did not appeal against the decision of the High Court dated 11th of November 2022, the state government accepts the outcome as granted namely, that leave be granted for the matter to be ventilated on the merits at the substantive hearing of the judicial review application,” she said.

“I assure the public that the State Attorney General’s Chambers is fully committed and will continue to remain steadfast for the people of Sabah to uphold the state’s constitutional rights as outlined in the Malaysia Agreement 1963 and the Federal Constitution,” she added.

The Court of Appeal fixed the ruling on this matter on June 18.

In last week’s appeal, the state government made a last-minute intervention in the Federal AG’s appeal against the High Court decision to allow SLS to challenge the federal government’s nonpayment of the 40 per cent Special Grant to the state as per Article 112C and 112D of the Federal Constitution.

Its counsel then Datuk Tengku Fuad Ahmad questioned SLS's rights in the case while saying that the Special Grant was “aspirational but not a mandatory right”.

Chief Minister Datuk Seri Hajiji Noor issued a statement the following day saying that the state was not giving up on its pursuit of the 40 per cent and would correct any misleading statements made in court.