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SABAH caretaker Chief Minister Datuk Seri Hajiji Noor is facing a contempt application after a businessman accused him of abusing Sabah’s immigration powers to block his entry into the state, allegedly preventing him from attending a corruption trial.
The Kota Kinabalu Sessions Court has fixed November 25 to hear an ex parte application by controversial businessman Albert Tei Jiann Chieng.
Albert Tei seeks to initiate committal proceedings against Hajiji for allegedly interfering with the due administration of justice.
He is seeking leave to initiate committal proceedings against Hajiji under Order 52 Rule 3 of the Rules of Court 2012 for allegedly interfering with the due administration of justice.
Tei, the defendant in a corruption case, claims he was twice denied entry into Sabah despite being legally required by his bail conditions to attend proceedings.
He was allegedly barred from entering the state on 22 September and again on 23 October 2025.
Tei is currently standing trial in the same court on two counts of offering bribes totalling RM350,000 to two Sabah lawmakers, Sindumin MP Dr Yusof Yacob and Tanjung Batu assemblyman Andi Suryady Bandy, in exchange for help securing mining exploration licences in the state.
He has pleaded not guilty to both charges.
In his affidavit, Tei alleged that immigration officers told him the “not-to-land” order originated from the Chief Minister’s Office, effectively preventing him from meeting his lawyers and appearing in court.
“The respondent’s conduct demonstrates a clear and deliberate disregard for the sanctity of the court,” Tei said in his affidavit, describing the restriction as conduct that “strikes at the very heart of the rule of law.”
Tei’s lawyers from Messrs Chin Jingulam & Associates argued that the restriction violated Articles 5 and 8 of the Federal Constitution, which protect personal liberty, equality before the law, and the right to counsel.
Under Section 66 of the Immigration Act 1959/63, Sabah and Sarawak possess special autonomy to regulate the entry of non-residents, including Malaysians from the peninsula.
The state government may, through the Chief Minister, refuse entry or declare a person persona non grata “in the interest of the state.”
However, Tei’s counsel contends that using this discretion to bar an accused person from fulfilling a court-ordered obligation amounts to executive interference with the judicial process, undermining the right to a fair trial.
Legal observers note the case could test the boundary between Sabah’s immigration autonomy under the Malaysia Agreement 1963 and the judiciary’s constitutional authority over criminal proceedings.
A letter from the Sabah Attorney-General’s Chambers, dated October 6, denied any unlawful act and maintained that the Immigration Department acted lawfully under the Immigration Act.
Tei’s lawyers had earlier written to Hajiji’s office on October 2, seeking clarification but received no direct reply. He later lodged a police report at the Serdang District Police Headquarters, alleging abuse of power and obstruction of justice.
Hajiji remains in office in a caretaker capacity following the dissolution of the Sabah State Assembly on October 6, ahead of the state election set for November 29. — October 24, 2025