by David E.
KOTA KINABALU: Oct 29, 2026 — The Sabah Law Society (SLS) appeared before the Court of Appeal in Kota Kinabalu today to oppose the Federal Government’s appeal against parts of the High Court’s decision dated Oct 17, 2025, concerning Sabah’s right to receive the 40 per cent special grant.
The Court of Appeal heard submissions from all parties before reserving judgment. No date has been fixed for the decision. The court set case management for Nov 12, 2026, through e-Review, at which the date for the decision will be fixed.
The appeal is case number S-01(A)-549-11/2025.
SLS remains firm in defending the High Court’s decision and the relief granted for the period from 1974 to 2021, commonly referred to as the “Lost Years”.
The Federal Government stated in its Notice of Appeal that it is not appealing against the 40 per cent formula in the Constitution or the requirement for a review under Article 112D. However, the appeal challenges substantial findings and orders of the High Court concerning the Lost Years, the review process, consequential relief and the High Court’s jurisdiction. The Court of Appeal will determine these issues.
SLS said the constitutional provisions on Sabah’s rights carry duties that must be fulfilled.
According to SLS, the Lost Years must be addressed through the process prescribed by the Federal Constitution. That process must be supported by effective remedies for the breaches found by the High Court.
The case concerns constitutional safeguards with long-term consequences for Sabah and its people.
SLS commenced the case in the public interest, secured relief in the High Court and is now defending the decision on appeal. This is SLS’s continuing commitment to uphold the Federal Constitution and the rule of law without fear or favour.
SLS is represented in the appeal by David Fung Yin Kee, Jeyan T.M. Marimuttu, Janice Junie Lim, Grace Liew Yung Enn and Vanessa Maria Marimuttu. SLS appreciates the dedication and rigorous work of counsel, and the support of members and the public.
SLS President Datuk Mohamed Nazim bin Maduarin said the society respects the Court’s role in determining the appeal. However, SLS’s resolve remains firm that Sabah’s constitutional rights must be given practical effect.
Source: SLS
