Kota Kinabalu: The High Court on Wednesday dismissed an application for leave to commence judicial review by an independent candidate challenging the result of the Karanaan seat in the 2025 Sabah Election.
Judge Datuk Alexander Siew How Wai dismissed the application by Naomi @ Neomi Francis with costs of RM5,000 each to be given to the respondents, Election Commission (EC) and Datuk Masidi Manjun (pic), who is Deputy Chief Minister cum Finance Minister.
The Court also ordered the applicant to pay costs of RM5,000 each to the Federal AGC and the second respondent, subject to allocatur where applicable.
Siew held that the application was “frivolous and vexatious” and that the proper avenue to challenge an election result is through an election petition as provided under the Federal Constitution.
“The Federal Constitution has provided the method to challenge an election result and that is by way of an election petition,” he said.
The Court said it was in broad agreement with the submissions of the Federal Attorney General’s Chambers (AGC) as well as the putative second respondent.
“The threshold for leave has not been met, and the matter is not amenable to judicial review. In the premises, the application for leave for judicial review is dismissed,” he said.
The application was filed by Naomi @ Neomi Francis who contested the State seat on Nov. 29, 2025.
She named the Election Commission (EC) and Datuk Masidi Manjun, the declared winner of the seat, as the first and second respondent, respectively, in the application filed on Dec. 26, last year.
Naomi sought leave under Order 53 Rule 3(2) of the Rules of Court 2012 to commence judicial review proceedings against the EC’s conduct of the election and its decision declaring Masidi the winner.
In her application, she alleged irregularities and corrupt practices during the election, as well as non-compliance with election procedures by officials, which she claimed affected the integrity of the poll.
Among the reliefs sought were an order to quash the EC’s decision declaring and gazetting Masidi as the winner, an order compelling the EC to conduct a fresh election for the Karanaan seat, as well as declarations that the election result was void.
The applicant was represented by counsel Priskila Akwila Sinem. Senior Federal Counsel Ahmad Hanir appeared for the first respondent.
Counsel Rizwandean M. Borhan, Shahlan Jufri and Elhanan James represented Masidi as the putative second respondent.