By Daniel John Jambun, President Borneo’s Plight in Malaysia Foundation (BoPiMaFo)
KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) strongly urges the Sabah State Government to immediately apply to intervene in the forthcoming Federal Court proceedings between Petroleum Sarawak Berhad (Petros) and Petroliam Nasional Berhad (Petronas).
Although the case originated from a commercial dispute, the matters now placed before the Federal Court of Malaysia go far beyond contractual issues. They raise fundamental constitutional questions concerning petroleum governance, federal legislative authority, and the continuing force of safeguards guaranteed to the Borneo States under the Malaysia Agreement 1963 (MA63).
Sarawak and Sabah entered Malaysia as equal founding partners. Both States were assured meaningful autonomy over their natural resources as part of the original federal compact. Any authoritative ruling by the Federal Court on petroleum laws and constitutional competence will inevitably apply to Sabah as well — whether Sabah participates or not.
BoPiMaFo emphasises that silence at this stage carries serious consequences.
If Sabah does not intervene, it risks having its constitutional position effectively determined in its absence. The resulting precedent may shape future federal–state relations, resource governance, and revenue rights without Sabah ever having placed its arguments on record.
Intervention is not optional. It is a constitutional necessity.
Applying as an intervener does not draw Sabah into a commercial dispute. It enables Sabah to formally assert its constitutional stake in proceedings that may redefine the balance of power between Putrajaya and the Borneo States for decades to come.
BoPiMaFo therefore calls upon:
1. The Sabah State Government to urgently file an application to intervene in the Federal Court proceedings;
2. Sabah’s elected representatives to publicly affirm Sabah’s constitutional interests in this matter; and
3. State leaders to act decisively to protect Sabah’s resource rights in accordance with MA63.
This is not merely a Sarawak–Petronas case.
It is a Borneo constitutional moment.
Failure to act now would amount to allowing Sabah’s rights to be shaped by others.
BoPiMaFo reiterates its commitment to lawful, principled engagement with the courts. The Federal Court is the proper forum for constitutional clarification — but Sabah must be present when that clarification is made.
