KUALA LUMPUR – Bersatu has failed in its bid to initiate legal action against Dewan Rakyat Speaker Tan Sri Johari Abdul and four MPs as an attempt to get the lawmakers to vacate the parliamentary seats in Sabah.
In accordance with the federal constitution, matters brought up in Parliament, including decisions made by the speaker, cannot be reviewed in court, said high court judge Datuk Amarjeet Singh.
The four MPs – Datuk Armizan Mohd Ali (Papar), Khairul Firdaus Akbar Khan (Batu Sapi), Datuk Jonathan Yasin (Ranau) and Datuk Matbali Musah (Sipitang) – had won their seats on Gabungan Rakyat Sabah (GRS) tickets during the 2022 general election.
However, GRS ended its alliance with Bersatu following the election.
Today, Bersatu is represented by former speaker Tan Sri Azhar Azizan Harun and Chetan Jethwani. Johari is represented by senior federal counsel Farah Shuhada Ramli and lawyer Firoz Hussein Jamaluddin appeared by the four MPs.
In January this year, Johari had said there was no need for the four Sabah MPs to vacate their parliamentary seats as they did not breach the anti-party hopping law.
Johari’s letter dated January 16 also said the four MPs had clarified that there was no vacant parliamentary seat based on the interpretation of the constitution of GRS and Bersatu.
Bersatu also sought a declaration that the four MPs had ceased to be members of the Dewan Rakyat in accordance with Article 49A of the federal constitution, as well as an order for Johari to confirm the four seats as unoccupied.
In addition, Bersatu sought a disclosure order for the respondents to submit all correspondence and records to and from Johari regarding information and explanations regarding their dismissal.
GRS chairman Datuk Seri Hajiji Noor in December 2022 made a statement informing that the four MPs had decided to leave the party.
On December 19, the four MPs “crossed the floor” when they sat with the government bloc on that day’s Dewan Rakyat sittings.
Accordingly, Bersatu secretary-general issued a termination notice to the second to fifth respondents on December 21, 2022, informing them that they have ceased to be members of the party. – November 16, 2023