KOTA KINABALU — The Borneo’s Plight in Malaysia Foundation (BoPiMaFo) today issued a strong reminder to the Federal Government and the Chief Minister of Sabah that filing a notice of appeal, even a so-called “partial” one, is still an appeal in law — and it immediately places the entire High Court ruling in jeopardy.
BoPiMaFo said the Attorney General’s explanation that the Federal Government will appeal “only certain flaws” in the judgment is a legal contradiction and a political deception. Once a notice of appeal is filed, the entire judgment is brought before the appellate court, and its effect is suspended pending determination.
“The Government cannot claim to ‘respect the High Court ruling’ while simultaneously appealing it. That is not respect — that is evasion,”
said BoPiMaFo President, Daniel John Jambun.
BoPiMaFo warned that the High Court’s findings are interconnected and indivisible, and if the appellate court agrees that any portion of the judgment is flawed, it could declare the entire decision unsafe, setting it aside altogether.
“This means the Federal Government’s action — however it tries to disguise it — could erase the declaration that Sabah is constitutionally entitled to the 40% revenue share,” Daniel said.
BoPiMaFo also pointed out that the Attorney General’s suggestion of appealing the reasons for judgment, rather than the judgment itself, is procedurally unsound.
“You cannot appeal against the reasons for a decision — only against the decision itself,” Daniel stressed. “This attempt to redefine the appeal process is both misleading and dangerous.”
BoPiMaFo called on the Federal Government to withdraw any notice of appeal immediately and to proceed with full implementation of the High Court judgment.
“Stop playing legal games. Stop undermining Sabah’s victory. The law has spoken — and it must now be obeyed,” Daniel concluded.
