KOTA KINABALU: The Kota Kinabalu High Court’s landmark decision today declaring that the Federal Government acted ultra vires the Federal Constitution by failing to fulfil Sabah’s 40% entitlement of federal revenue for nearly five decades has been hailed as a victory for the state’s dignity and constitutional justice.
Warisan President Datuk Seri Panglima Mohd Shafie Apdal said the ruling restores not only Sabah’s long-denied rights but also the moral and constitutional integrity of the Federation itself.
“This is not just a legal victory but it is a victory for dignity, for fairness and for the spirit of the Federation. The court has affirmed what we in Warisan have always maintained that Sabah’s 40% right is not a privilege to be negotiated but a constitutional duty that must be honoured,” Shafie said in a press conference today.
The High Court found that the Federal Government had overstepped its powers and acted unlawfully by withholding Sabah’s entitlement since 1974. It also declared the Second and Third Review Orders which purported to fix the “special grant” amount as invalid, irrational and unconstitutional.
“For many years, the people of Sabah have been told to wait, to compromise and to settle for less than what is rightfully theirs,” Shafie added.
“Today, the court has made it clear our rights under Article 112C and the Tenth Schedule of the Federal Constitution are not matters of political favour but constitutional obligation.”
He described the decision as a moral reckoning and a constitutional correction long overdue.
“This judgment restores faith in the rule of law. It tells every Sabahan that our patience and perseverance in demanding justice have not been in vain,” he said.
“This is what Warisan has fought for. Not slogans, not sentiment, but substance grounded in law and dignity.”
Shafie also commended the Sabah Law Society (SLS) for its courage and persistence in bringing the case to court, calling their efforts a “service to the state and to future generations.”
“The Sabah Law Society stood firm when others stayed silent. For that, every Sabahan owes them gratitude. Their victory is Sabah’s victory,” he said.
The ruling, he added, should serve as a reminder to Putrajaya that federalism cannot exist without fairness.
“Respect for Sabah’s rights is respect for Malaysia’s Constitution itself. When one side is denied justice, the Federation weakens. Today, the court has helped to make it whole again,” Shafie concluded.
