KOTA KINABALU, Nov 12 — Upko has warned that the federal government’s decision to file a “partial appeal” on Sabah’s 40 per cent revenue entitlement is a contradictory move that could undermine the entire landmark High Court judgment affirming the state’s constitutional rights.
Party president Datuk Ewon Benedick criticised a statement from the Attorney General’s Chambers (AGC), which claimed there would be “no appeal” while simultaneously stating it would “appeal the defects in the written judgment.”
“An appeal is an appeal. Saying there will be no appeal but appealing the written judgment is still an appeal,” Ewon said, adding that the AGC’s stance validated his recent decision to resign from the federal Cabinet.
Both Ewon and Upko secretary-general Datuk Nelson Angang, a lawyer by profession, warned that any successful challenge, even on a minor point, could have the effect of setting aside the entire judgment.
They argued that the High Court’s reasoning, findings, and final decision are all interconnected.
“If the Court of Appeal rules that part of the High Court’s findings are wrong, the entire decision on Sabah’s 40 per cent entitlement could be affected,” Ewon said.
Angang added that this could effectively remove the judicial recognition that Sabah is constitutionally entitled to its 40 per cent share of net federal revenue derived from the state.
Ewon reiterated that his resignation was a matter of principle, born from nearly three years of frustration in the federal cabinet where his calls on the 40 per cent issue were consistently met with the same response.
His comments come in the wake of Upko’s recent exit from the national Pakatan Harapan coalition, a move the party said was driven by disagreements over the federal government’s approach to Sabah’s rights under the Malaysia Agreement 1963 (MA63).
