KOTA KINABALU, Nov 12 2025: United Progressive Kinabalu Organisation (UPKO) president Ewon Benedict has argued that the overall decision of the Kota Kinbalau High Court on the 40 per cent revenue entitlement to Sabah could be seen as having been affected if the Court of Appeal decides that some of the findings of the High Court are wrong.
He added the basis of the grounds and findings of the High Court are closely linked and inseparable.
“Although the AGC states that it respects the principle of Special Grant based on the 40 per cent rights, if the Court of Appeal overturns the entire judgment of the High Court, then the decision recognising the rights over the 40 per cent entitlement will also be null and void,” Ewon said in a statement posted on his Facebook.
He was responding to a statement issued by the federal Attorney-General’s Chambers (AGC) that the federal government would not appeal against the decision of the Kota Kinabalu High over the 40 per cent entitlement of the revenue derived from Sabah.
However, the AGC had said the federal government would appeal the defects in the reasons for judgment.
Commenting further on the AGC’s statement, Ewon said:”An appeal is an appeal.
“No appeal, but will appeal the Judgment Reasons. It is still an appeal,” he contended.
Ewon stressed that that AGC’s position and views in the Judicial Review proceedings hastened his resignation as the federal minister, saying that the AGC's statement "justifies" the reason for his resignation on grounds of principle.
“I expect that a Notice of Appeal will be filed in the Court of Appeal on the grounds as stated by the AGC,” he added.
In a statement issued immediately after the special cabinet meeting yesterday, the AGC said that the federal government had decided not to appeal the Special Grant based on 40 per cent of revenue entitlement to Sabah.
At the meeting, the AGC provided advice and views to the Cabinet regarding the defects in the reasons for judgment.
Among them are the allegations that the federal government and the Sabah state government have abused their power and violated their constitutional obligations since 1974.
“In addition, the reasons for judgment also stated that the review after 2021 is unlawful, irrational, procedurally irregular and disproportionate.
“The federal government will appeal the defects in the reasons for judgment,” the AGC said.
On Oct 17, the High Court ordered the federal and Sabah governments to review the 40 per cent special grant entitlement for 1974-2021, giving them 90 days to complete the review and 180
days to reach a final agreement.
The judge made the ruling after allowing the Sabah Law Society’s (SLS) application for a judicial review, which contended that both the federal and Sabah governments had breached their constitutional duties by failing to legally review the payments.
The case centred on the interpretation of Articles 112C and 112D of the Federal Constitution. Article 112C deals with special grants and the assignment of revenue to Sabah and Sarawak, while Article 112D provides for periodic reviews of these grants
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