High Court sets Aug 7 to decide next steps in Sabah’s 40% revenue case

KOTA KINABALU: The High Court has fixed Aug 7 for an online case management (e-review) to determine the next course of action in the judicial review application over Sabah’s constitutional entitlement to 40% of revenue derived from the state.

The date was set by High Court judge Justice Datuk Celestina Stuel Galid on Monday (July 7), following the conclusion of the substantive hearing of the case’s merits.

Justice Stuel informed the parties that while courts typically deliver a decision within four weeks of final submissions, this case warranted an exception because of its complexity.

She said more time was needed to fully consider the voluminous documents and arguments presented.

During the upcoming e-review, the court will decide whether or not further clarification is needed.

If not, a date will be fixed for the delivery of the court’s judgment.

The judicial review was initiated by the Sabah Law Society (SLS) in June 2022, when it filed for leave to challenge the Federal Government’s alleged failure to uphold Sabah’s revenue rights under the Federal Constitution.

In November 2022, the High Court granted leave for the judicial review to proceed, but the Federal Government’s appeal to the Court of Appeal was unanimously dismissed in June last year.

The matter escalated when the Federal Government sought leave to appeal to the Federal Court, which was again rejected unanimously in October.

This returned the case to the High Court for a full hearing on its substantive merits.

SLS is represented by lead counsel Dr David Fung, with lawyers Jeyan Marimuttu, Janice Lim, and Grace Liew.

The Federal Government is represented by Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi, Nurhafizza Azizan and Azza Azmi, and Federal Counsel M. Kogilam Bigai and Nur Atirah Aiman Rahim.

Representing the Sabah government are state Attorney General Datuk Brenndon Soh, with Devina Teo and Roland Alik.

On Monday morning, several state assemblymen took time off from the ongoing legislative assembly sitting to attend court.

Among those present were former chief ministers Datuk Seri Mohd Shafie Apdal and Datuk Yong Teck Lee, and assemblymen Datuk Darell Leiking (Moyog), Assaffal P. Alian (Tungku), Calvin Chong (Elopura) and Justin Wong (Sri Tanjong).

Also in attendance were former Kota Kinabalu MP Datuk Jimmy Wong Sze Phin and Science, Technology and Innovation Ministry permanent secretary Datuk Mohd Hanafiah Mohd Kassim.

Deputy Chief Minister Datuk Seri Dr Jeffrey Kitingan attended the afternoon session.