The Sabah government will engage Putrajaya to implement a High Court order affirming the constitutional right to 40% of federal revenue from the state, says caretaker chief minister Hajiji Noor.
In welcoming the Kota Kinabalu High Court’s decision today, Hajiji said this will be done “in the spirit of cooperation and mutual respect” to ensure Sabah’s constitutional rights are fully upheld.
Hajiji said the state had fought the issue relentlessly through every formal channel, at every Malaysia Agreement 1963 meeting and in countless letters sent to the federal government.
“With this decision, we hope that the federal government will fulfil its responsibilities as agreed upon during the formation of Malaysia,” he said in a statement.
The Kota Kinabalu High Court earlier today ruled that the federal government acted unlawfully by failing to honour the 40% share of federal revenue from Sabah for nearly five decades.
High Court judge Celestina Stuel Galid, in her decision, also instructed that both the federal and state governments reach a mutual agreement within 180 days of the date of the order, as required under Article 112D of the Federal Constitution.
Article 112D provides for periodic reviews of these grants.
The Sabah Law Society (SLS) filed for a judicial review in 2022 after claiming that the federal government had breached the Federal Constitution by failing to conduct a mandatory revenue review every five years since 1974.
Hajiji commended SLS for bringing the issue to court as a matter of public interest.
