PBK Sabah chapter disputes claims by the AGC that it only files partial appeal against the grounds of judgment by the KK High Court

KOTA KINABALU, Nov 14 2025: Parti Bumi Kenyalang (PBK), Sabah chapter, has disputed claims by the Attorney-General’s Chambers (AGC) that it is only filing a partial appeal against the grounds of judgment of the Kinabalu High Court on the 40 per cent revenue entitlement to Sabah.

Datin Soh Kee Huat: The Notice of Appeal has evidently been crafted with precision by the AGC, and its scope raises significant concern 

The chapter’s chairperson Datin Soh Kee Suat said that the wording of the Notice of Appeal appears to indicate otherwise.

“A closer reading suggests that the appeal extends to the entire judgment, not merely selected portions of the court’s reasoning,” she said in a statement.

“The Notice of Appeal has evidently been crafted with precision by the AGC, and its scope raises significant concern,” she said, adding that PBK Sabah chapter views this development as potentially detrimental to Sabah.

Soh said the appeal could directly affect the quantum of revenue owed or claimable by Sabah under the 40 per cent entitlement.

“By raising the issue of the on-going or intended negotiations between the federal and the Sabah state governments, particularly if such discussions commenced prior to the High Court’s decision on October 17, 2025, the AGC may invite substantial contention in the Court of Appeal, especially from the Sabah Law Society,” she said.

In a statement today, the AGC has repeatedly said that the federal government is appealing only the judgment grounds and not appealing  on the 40 per cent special grant entitlement.

It also said the appeal on the judgment grounds relates to specific claims made against the federal and state governments, including allegations of abuse of power and breaches of constitutional duties.

The AGC filed a Notice of Appeal at the Kota Kinabalu High Court yesterday.

On Oct 17, the Kota Kinabalu High Court ordered  the federal and Sabah governments to review the Sabah Special Grant from 1974 to 2022 under Article 112D of the Constitution.

The review is intended to give effect to the Federation's obligation to pay Sabah its 40 per cent entitlement under Article 112C, read with subsection (1) of Section 2 of Part IV of the Tenth Schedule of the Constitution, for each financial year from 1974 to 2021.

The court also ordered that the review be completed within 90 days, with an agreement reached within 180 days.

The 40 per cent revenue entitlement forms part of Sabah's MA63 safeguards to ensure fair distribution of revenue collected by the federal government from the state.