In a statement, Musa thanked the court for delivering a decision on the case, but said was disappointed by it.
“This issue goes beyond whether I am chief minister or not. This is about the sanctity and proper interpretation of Sabah’s Constitution and the Sabah Head of State’s (Yang Dipertua Negeri) powers to appoint and dismiss a chief minister. I am of the view that these issues have not been fully resolved today and I have instructed my lawyers to appeal today’s decision,” he said.
When approached by reporters after Justice Datuk Yew Jen Kie delivered her decision on whether Musa or Parti Warisan Sabah president Datuk Seri Mohd Shafie Apdal was the rightful chief minister, Musa’s lawyer Tengku Fuad Tengku Ahmad said his client respected Yew’s decision, although disagreeing with many of her findings.
“But those were valid findings and we respect them. But I want to point out that there is no Federal Court case on Sabah’s constitutional laws and we still take the position that Sabah’s Constitution is different from Perak,” he said, adding that the High Court’s decision on the rightful Sabah chief minister was entirely based on the Perak Mentri Besar case in 2009.
Perak faced a constitutional crisis in 2009 where the Barisan Nasional (BN) ousted the Pakatan Rakyat (PR) government in the state following crossovers from PR assemblymen, causing the menteri besar to lose command of the confidence of the majority of the assemblymen.
Tengku Fuad said his argument that Sabah’s Constitution was different from that of Perak’s was not accepted by the court.
“But again, Justice Datuk Yew gave her reasons and we respect her reasons and these reasons will form the basis of our appeal.
“This is a new Malaysia and the judiciary is independent. Let’s challenge (court decision) all the way up.
“Let’s have the Court of Appeal hear this case at the very least on Sabah’s Constitution,” he said.