SABAH SPECIAL GRANT: LAWYERS SAY GOVT APPEAL AGAINST JUDGMENT GROUNDS NOT UNUSUAL

KUALA LUMPUR, Nov 14 (Bernama) -- The federal government’s decision to appeal certain points in the Kota Kinabalu High Court’s judgment on Sabah's entitlement to 40 per cent of revenue from the state is not unusual from a legal perspective, according to several lawyers.

Lawyer Muhammad Akram Abdul Aziz said that in certain circumstances, the parties involved can appeal the ratio decidendi or legal findings that are considered to have broader implications, even if the final decision itself is not disputed.

“In principle, appeals are usually filed against substantive court decisions, but the court has the power and discretion to allow such appeals when the grounds of the judgment could potentially lead to misinterpretation of the law, affect public policy, or have an impact on future cases.

“Correcting legal findings through an appeal can be seen as a legitimate and appropriate way to ensure that the correct constitutional principles are applied,” he said when contacted by Bernama.

Prime Minister Datuk Seri Anwar Ibrahim told Parliament yesterday that the federal government had filed an appeal against the grounds of the judgment after identifying certain errors.

Anwar said that based on the federal government’s understanding and on the advice of the Attorney General’s Chambers, the grounds of the judgment were made beyond the court’s legal jurisdiction.

Muhammad Akram explained that if the judgment grounds were issued beyond legal jurisdiction, it means the court may have interpreted or made findings that exceeded the issues permitted by law, or were not based on the relevant constitutional and statutory principles.

“The implication is that these findings could create a binding precedent for lower courts, potentially affect the constitutional relationship between the federation and the state, and could cause confusion in the interpretation of Article 112D of the Federal Constitution in the future,” he said.

Echoing this view, lawyer Salim Bashir said it is common in legal proceedings for any party, including the federal government, to file an appeal against all or part of a decision and its grounds, as long as the matter is appealable and not barred under the Courts of Judicature Act 1964.

He added that the decision not to appeal the Sabah special grant based on 40 per cent of revenue from the state is the federal government’s prerogative to maintain good relations with the state government, as well as to respect the Federal Constitution and uphold the Malaysia Agreement 1963.

“The decision not to appeal is welcome and demonstrates that the federal government upholds the rule of law in this matter,” said the former Bar Council president.

However, he noted that the federal government will appeal certain issues and claims within the grounds of judgment that are said to present a misleading narrative, giving the impression that the federal and previous state governments had violated constitutional obligations, including claims that post-2021 reviews were unlawful, irrational and procedurally improper.

“If an appeal is not filed, or an application to remove certain points from the grounds of judgment is not made to correct the matters stated, then the content of the judgment will remain an uncontested legal record.

“This is why the government intends to appeal certain points in the grounds of judgment without challenging the core decision on the 40 per cent Sabah special grant, as the allocation itself is the issue in the case,” he said. 

Meanwhile, lawyer Putera Muhammad Nor Hashim said the federal government’s move to appeal only the grounds of judgment and not the full decision indicates that the government agrees with the 40 per cent special grant to Sabah.

“The federal government is appealing the grounds of the judgment because they have the potential to influence how the decision is interpreted and implemented in the future.

“In my view, the appeal aims to prevent incorrect or inconsistent interpretations of the law,” he said.  

On Oct 17, the Kota Kinabalu High Court ruled that the federal government had acted unlawfully and exceeded its constitutional powers by failing to honour Sabah’s right to 40 per cent of federal revenue from 1974 to 2021.

In a statement on Nov 11, the Attorney General’s Chambers said the Special Cabinet Meeting had decided not to appeal the High Court decision on the Sabah special grant based on 40 per cent of revenue as provided under the Federal Constitution.

However, the government is appealing defects in the grounds of judgment concerning alleged abuse of power and breaches of constitutional obligations involving both governments since 1974.

-- BERNAMA