Kota Kinabalu: The Sabah Law Society (SLS) has reaffirmed its commitment to defending the High Court’s decision on Sabah’s 40 per cent special grant entitlement, including the relief granted to address the period between 1974 and 2021, commonly referred to as the “Lost Years”.
Its President Datuk Mohamed Nazim Maduarin said the Federal Government had clarified in its Notice of Appeal that it was not challenging the constitutional 40 per cent formula or the requirement to conduct a review under Article 112D of the Federal Constitution.
However, he said the appeal challenged substantial findings and orders made by the High Court concerning the Lost Years, the review process, consequential relief and the jurisdiction of the High Court.
“These are contested issues for the Court of Appeal to determine.
“SLS’s position is clear: the constitutional provisions governing Sabah’s entitlement carry duties that must be fulfilled.
“We maintain that the Lost Years must be addressed through the process prescribed by the Federal Constitution, supported by effective remedies for the breaches found by the High Court.
“These proceedings concern constitutional safeguards with lasting consequences for Sabah and its people,” he said in a statement.
Nazim said SLS would continue pursuing the case with the preparation, independence and resolve demanded by its constitutional significance.
“We commenced these proceedings in the public interest, secured relief in the High Court and are defending that decision on appeal.
“This is a sustained institutional commitment by SLS to uphold the Federal Constitution and the rule of law, without fear or favour,” he said.
SLS is represented in the appeal by Dr David Fung Yin Kee, Jeyan T.M. Marimuttu, Janice Junie Lim, Grace Liew Yung Enn and Vanessa Maria Marimuttu.
Nazim expressed appreciation to the legal team for its continued dedication and rigorous work, while also thanking SLS members and the public for their continued support.
“We respect the Court’s role in determining the appeal. Our resolve remains firm: Sabah’s constitutional entitlement must be given practical effect,” he said.
SLS appeared before the Court of Appeal in Kota Kinabalu on Thursday to oppose the Federal Government’s appeal against parts of the High Court’s Oct 17, 2025 decision concerning Sabah’s 40 per cent special grant entitlement.
The Court of Appeal heard submissions from all parties, but no date for its decision was fixed.
The Court has directed that the matter be mentioned for case management through e-Review on Nov 12, when a date for the decision is expected to be fixed.
