PETALING JAYA: The self-styled Republic of Sabah North Borneo Government-in-Exile (RSNB-GiE), recently declared in Melbourne, has no legal basis and could even be considered treason, a constitutional expert has warned.
International Islamic University Malaysia constitutional law expert Assoc Prof Datuk Dr Wan Ahmad Fauzi Wan Husain said the group’s claim has “zero legal standing” under Malaysian or international law.
Worse, he added, its activities may fall under serious crimes in the Penal Code, including sedition, incitement and even offences against the king.
The RSNB-GiE was declared in Melbourne, with its president Mosses PA Ampang saying it would begin “operations” on Sept 16, 2025 – Malaysia Day – to reject what he termed as Sabah’s “forced annexation” into Malaysia.
Mosses claimed there was no referendum or free vote in 1963 and described the Malaysia Agreement 1963 (MA63) as a colonial arrangement that failed to meet international standards. He also argued that the Manila Accord, which required Sabahans’ and Sarawakians’ views to be properly recorded, never happened.
“This so-called government is acting completely outside Malaysia’s Constitution. Its claims are not only baseless but dangerous, as they could stir unrest or weaken national unity,” Wan Ahmad Fauzi told theSun.
He pointed to Section 121B of the Penal Code, which carries life imprisonment for anyone trying to strip the king, a state ruler, or Sabah governor of their authority.
“If the movement’s actions aim to undermine the King or the Governor, it could be treated as criminal conspiracy. Anyone working with them could also face prosecution.”
On Sabah’s sovereignty, Wan Ahmad Fauzi explained that North Borneo (now Sabah) was once a British colony, with power resting in the British Parliament and Crown.
“That power was legally handed over to Malaysia through MA63, approved by both the British Parliament and the North Borneo Legislative Council before Malaysia Day.
“Sovereignty didn’t just disappear in 1963. It passed from the British Crown to the Malaysian King. Any claim that ignores this is simply reckless,” he said, adding that a government-in-exile only makes sense if a legitimate government has been forced out during a foreign occupation such as France under Nazi Germany or Kuwait under Iraq.
“Sabah is not under foreign rule. It is part of Malaysia and its leaders are chosen through elections. There is no legal ground for a rival government.”
Wan Ahmad Fauzi urged the authorities and the Attorney-General’s Chambers to act quickly against the RSNB-GiE before it causes instability.
“This movement must be stopped before it spreads. It distorts history and undermines Malaysia’s constitutional order. Sabah’s future lies in the law, not in self-declared governments.”
