By J. Ligunjang, JP Former State Assemblyman , Vice President, MAJAPS
KOTA KINABALU: I welcome and acknowledge the recent statement by the Prime Minister, YAB Dato’ Seri Anwar Ibrahim, that the Federal Government recognises Sabah’s 40% revenue entitlement as provided for under the Federal Constitution and the Malaysia Agreement 1963 (MA63), and that it will not appeal the Kota Kinabalu High Court decision of 17 October 2025.
This recognition is an important and long-overdue affirmation of Sabah’s constitutional and historical rights. However, to translate this commitment into a just, enforceable and lasting resolution, the process must now move beyond political assurances and be firmly anchored in the mechanisms provided by the Federal Constitution.
To ensure a fair and constitutionally sound outcome on Sabah’s entitlements, it is imperative that both the Federal Government and the Sabah State Government agree to invoke Article 112D(6) of the Federal Constitution. This provision mandates the appointment of an Independent Assessor to determine the quantum of Sabah’s 40% entitlement. Crucially, the Assessor’s determination is binding on both parties.
The invocation of Article 112D(6) is not optional or symbolic – it is the proper constitutional avenue specifically designed to resolve disputes of this nature in an objective, transparent and final manner. By appointing an Independent Assessor:
1. The calculation of the 40% entitlement can be based on verifiable data, clear criteria and established legal principles;
2. Both the Federal and State Governments will be bound by the Assessor’s findings, ensuring certainty and enforceability; and
3. Public confidence – particularly among Sabahans – will be strengthened, as the process will be seen to be independent and in accordance with the rule of law.
For too long, Sabah’s rightful entitlements have been delayed, diluted or subjected to varying interpretations and ad hoc arrangements. This has contributed to a deep sense of grievance among Sabahans, whose expectations were shaped by the assurances embedded in MA63 and the Federal Constitution. The time has come to move from declarations of intent to concrete constitutional action.
As Sabahans, we have consistently acted in good faith to uphold the spirit and letter of the Malaysia Agreement 1963. We remain committed to working constructively with Putrajaya, but that cooperation must be anchored in mutual respect and strict adherence to the constitutional framework agreed upon at the formation of Malaysia.
We will continue to take all necessary constitutional and legal steps to protect and restore our State rights. This is not merely a question of finance; it is a matter of constitutional integrity, political dignity and justice for the people of Sabah.
Only by fully implementing the provisions of MA63 and the Federal Constitution can we ensure a stronger, fairer and more united Federation of Malaysia, in which Sabah stands as an equal partner, as was originally promised.
