Messrs FT Ahmad & Co, the solicitors for Hajiji and the rest, said their clients, however, stood by their contention that the dissolution was wrong both in terms of the Sabah Constitution and risk of a Covid-19 outbreak.
It said a notice of discontinuance was filed today in the Federal Court.
“We confirm having received instructions from Hajiji to withdraw the notice of motion for leave to appeal,” the legal firm said in a statement.
The statement said the 33 were also advised that in view of the recent Sabah state election and subsequent Covid-19 outbreak it was in the best interest of all concerned if the matter was withdrawn.
The withdrawal of the case was instructed by former chief minister Musa Aman in consultation with Hajiji.
Musa’s suit was to vindicate the rule of law, however, following the results of the recent Sabah state elections, it is clear that Hajiji has the mandate of the people.
Accordingly in recognition of this and to strengthen political stability in Sabah, Musa directed that the said application for leave to appeal be discontinued.
Many of the 33 applicants were either re-elected to the state assembly or now hold positions in the state government.
It is understood that the Sabah government will study and formulate clear and definitive procedures by which the assembly can be dissolved in the future.
All 33, including Musa, had on Sept 10 filed for leave to appeal a Court of Appeal ruling.
Musa did not seek re-election in the recent polls
The others include current deputy chief ministers Jeffrey Kitingan and Joachim Gunsalam, and state ministers Masidi Manjun, Jahid Jahim, Mohd Arifin Arif and Ellron Alfred Angin.
On Sept 8, the Court of Appeal had upheld a High Court ruling refusing leave for judicial review to challenge the governor’s decision to call for a snap election.
Juhar had allowed then chief minister Shafie’s request to dissolve the house on July 30 to pave the way for the state polls.
A three-member Court of Appeal bench chaired by Abdul Karim Jalil said there was no appealable error by judicial commissioner Leonard David Shim in refusing the leave application for judicial review on Aug 21.
It said Juhar’s decision was non-justiciable (cannot be challenged in court) and the dissolution was not amenable to judicial review.
Musa and the 32 former assemblymen took the position that Shafie could not advise the governor to dissolve the assembly as he had lost the majority support of the assemblymen.
Musa, who was then Sungai Sibuga assemblyman, attempted to form government with the support of 32 other assemblymen, which included those who defected from PKR and DAP.