AGC’s Partial Appeal Against High Court Decision on Sabah’s 40% Revenue Entitlement

By Parti Bumi Kenyalang (PBK)

KOTA KINABALU: Parti Bumi Kenyalang (PBK) notes with deep concern the recent move by the Attorney-General’s Chambers (AGC) to file a notice of appeal against the High Court’s landmark judgment on Sabah’s constitutional entitlement to 40% of federal revenue derived from the state.

Although public reports state that the AGC is filing only a partial appeal focused on specific “mistakes” in the High Court’s grounds of judgment—particularly remarks relating to alleged abuse of power or breaches of constitutional duty by both federal and state authorities—the wording of the Notice of Appeal appears to indicate otherwise. 

A closer reading suggests that the appeal extends to the entire judgment, not merely selected portions of the court’s reasoning. The Notice of Appeal has evidently been crafted with precision by the AGC, and its scope raises significant concern.

PBK views this development as potentially detrimental to Sabah. The appeal could directly affect the quantum of revenue owed or claimable by Sabah under the 40% entitlement. 

By raising the issue of ongoing or intended negotiations between the federal government and the Sabah state government—particularly if such discussions commenced prior to the High Court’s decision on 17 October 2025—the AGC may invite substantial contention in the Court of Appeal, especially from the Sabah Law Society.

PBK firmly opposes the AGC’s appeal.

Sabah urgently needs this long-overdue revenue to accelerate development and uplift the welfare of Sabahans. 

Any further delay—be it through prolonged appeals, negotiations, or legal technicalities—will only deepen existing inequalities and deprive the state of the resources that rightfully belong to it under the Federal Constitution.

We are deeply concerned that this matter may ultimately be prolonged all the way to the Federal Court, potentially taking years before a final resolution is reached.

By then, the momentum and public pressure surrounding the issue may fade, leaving Sabah and its people as the ultimate losers—while the federal government remains unaffected.

PBK calls on the federal government to respect the High Court’s ruling, refrain from unnecessary appeals, and prioritize the constitutional and developmental rights of Sabah. Justice delayed is justice denied, and Sabah cannot afford further postponement.

Datin Soh Kee Suat, Chairperson, Parti Bumi Kenyalang (PBK) Sabah

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