In shock: Pandikar (left) and Yong say they were shocked over Fuad’s appointment to represent Sabah in a judicial review case. The Usno and SAPP leaders are calling for a revamp of the state AG’s office.
KOTA KINABALU: The knives are out for the Sabah Attorney General’s chambers after what has been described as a “blunder” in the appointment of a lawyer to represent the state in a judicial review case and his arguments before the Court of Appeal.
Political parties aligned with the ruling Gabungan Rakyat Sabah (GRS) coalition are asking for a revamp in the chambers, with some demanding that state AG Datuk Nor Aisah Mohd Yusof be replaced.
Among those calling for a total revamp are Usno president Tan Sri Pandikar Amin Mulia, who said he was shocked that lawyer Tengku Datuk Fuad Ahmad was appointed by the state since June 2, 2022.
Fuad, among others, had argued that Article 112C of the Federal Constitution, which provides for the state to get back 40% of its revenue, was “not a mandatory or absolute right” and was just an “aspiration”.
“It was designed for something to work towards as opposed to an absolute or right,” he had submitted at the Court of Appeal.
Pandikar noted that Nor Aisah, through a statement on Sunday, had said that they would be correcting any ‘misguided statement’ (inaccurate statement) related to the “blunder” by Fuad at the hearing.
“I am surprised to learn that Tengku Datuk Fuad was appointed by the state attorney general as a lawyer representing the Sabah government in the case by the Sabah Law Society (SLS) against the Federal Government,” he said in a statement yesterday.
He said Fuad’s appointment was a shock because the Chief Minister had told GRS component party leaders on May 17 that “as far as he (Hajiji) knew, there was no appointment letter for Fuad”.
Pandikar further said that Fuad’s arguments at the hearing that SLS had no locus standi in the judicial review on state rights were “an explanation that should be thrown in the trash”.
He felt the state AG was not serious about the case, which was very important for the people of Sabah. This, he said, was clearly reflected by Nor Aisah’s absence at the hearing.
“Not only was she abroad on that day, there was no official from the state attorney-general’s office to accompany Fuad in court.”
Pandikar went on to demand that Sabah State Secretary Datuk Safar Untong also shoulder some responsibility over the matter.
Leaders of other GRS component parties, like Sabah Progressive Party (SAPP) president Datuk Seri Yong Teck Lee, have also called for a revamp of the State AG’s office, while Liberal Democratic Party (LDP) president Datuk Chin Su Phin called for Nor Aisah’s sacking.
Fuad was appointed to intervene on behalf of the state government in the Federal Government’s appeal against the Nov 2022 Kota Kinabalu High Court decision to grant SLS leave for a judicial review on the state’s right to receive 40% of its revenue, as stipulated in the Federal Constitution.
Fuad’s argument to block SLS from being granted leave for the judicial review triggered a political storm in the state.
The three-member Court of Appeal bench has set May 24 for case management in the matter.
