Kota Kinabalu: United Progressive Kinabalu Organisation (Upko) President Datuk Ewon Benedick said the Attorney - General’s Chambers’ (AGC) statement that it will “appeal against the defects in the grounds of judgment” on the 40 per cent revenue entitlement issue justified his decision to resign from the Federal Cabinet.
“There is no appeal, but they will appeal the grounds of judgment — it is still an appeal,” he said, in a statement, Tuesday.
Ewon said he and Upko have consistently maintained that the Federal Government’s responsibilities under the Federal List and Sabah’s 40 per cent entitlement are distinct matters — one being policy - based and the other a special legal right under the Federal Constitution.
He added while other states also enjoy unique constitutional provisions, Sabah’s 40 per cent entitlement is vital for development purposes, including infrastructure, poverty eradication, and entrepreneurship programmes.
Ewon said he expects a Notice of Appeal to be filed with the Court of Appeal based on the reasons mentioned by the AGC, noting that any decision overturning parts of the Kota Kinabalu High Court’s findings could ultimately affect the recognition of Sabah’s 40 per cent right.
He cautioned that if the Court of Appeal were to invalidate the entire judgment, the recognition of the 40 per cent entitlement could also be nullified despite the AGC’s assurances of respecting the principle of special grant.
Ewon reiterated that the Upko Supreme Council had concluded that only Sabah - based parties truly understand the aspirations, spirit, and future vision of Sabah as envisioned under the Malaysia Agreement 1963 (MA63).
“It is time Sabahans choose principled local parties to lead the State Government and effectively champion the ‘Sabah First’ agenda,” he said, adding that his aspiration is to see a government made up entirely of local Sabah parties, as it was during the early years of independence in 1963.
