By Datuk James Ligunjang J.P
Former Petagas Assemblyman
KOTA KINABALU : – The recent High Court ruling affirming Sabah’s entitlement to 40% of all federal revenues derived from the state marks a decisive victory and a critical vindication of the constitutional rights enshrined in Malaysia’s Federal Constitution.
This judgment underscores the legal obligation of the federal government and highlights its failure to fulfill its commitments towards Sabah.
It would be a grave mistake—both politically and ethically,for the Prime Minister and the federal government to allow the Senior Federal Counsel to file an appeal against this landmark decision.
Such an action would not only be a misstep but could also be perceived as a blatant disregard for the rule of law and Sabah’s constitutional rights.
The court’s verdict,finding the federal government’s conduct in neglecting its financial obligations as ‘unlawful, ultra vires to the Federal Constitution, and irrational’, constitutes a strong judicial rebuke that warrants respect and compliance, not further legal contestation.
Pursuing an appeal at this juncture risks becoming a politically self-destructive act.
Prime Minister Anwar has long championed the principles enshrined in the Malaysia Agreement 1963 (MA63)—a historic accord negotiated to ensure the establishment of the federation, its stability, and fairness.
PMX has emphasized the importance of implementing provisions already outlined and agreed upon, particularly those contained in the Inter-Governmental Committee (IGC) Report and the MA63 framework.
Any attempt to overturn this court ruling through appeals could trigger significant political repercussions.
Such a move might galvanize opposition and discontent not only in the upcoming state elections in Sabah but also in the next parliamentary national general election.
Voters in Borneo are highly attuned to issues of autonomy, fairness, and constitutional rights.
An action perceived as sidestepping or undermining these principles could severely damage the credibility and legitimacy of the current government.
Moreover, there is a real risk that pursuing an appeal could ignite separatist sentiments—fueling calls for independence and further destabilizing the unity of Malaysia.
This would be a tragic chapter, ending the promise of a united Malaysia and potentially leading to lasting divisions.
It is in the federal government’s best interest—both politically and morally—to accept the court’s judgment with humility and to act swiftly in its implementation.
Doing so would demonstrate respect for the rule of law and reaffirm the government’s commitment to honoring the Malaysia Agreement 1963 and Sabah’s constitutional rights.
This approach would not only resolve the legal issue but also foster goodwill and rebuild trust among the Bornean populace, who have long felt marginalized and underserved.
Embracing and executing the court’s decision presents the most prudent and statesmanlike course of action.
It offers an opportunity for the Madani Government to reinforce its credibility, strengthen federal-state relations, and promote a spirit of unity and fairness,vital for Malaysia’s future stability and prosperity.
