Federal appeal against Sabah’s 40 pct revenue undermines trust, delays development, says Tuaran MP

KOTA KINABALU (Jan 22): Tuaran MP Datuk Seri Panglima Wilfred Madius Tangau has warned that the federal government’s decision to proceed with an appeal against the High Court ruling on Sabah’s entitlement to 40 per cent of the federation’s net revenue will only prolong uncertainty and erode public trust in national institutions among Sabahans.

Speaking during the debate session at the Dewan Rakyat, Madius said recognition of Sabah’s constitutional rights should not be at odds with an appeal against a court decision that has affirmed both the existence of those rights and the obligation to honour them.

“With the greatest respect, in terms of substance and merit, this appeal appears to be an attempt to re-litigate Sabah’s constitutional rights.

“To acknowledge the right while simultaneously appealing the decision that upholds it sends a deeply contradictory message,” he said.

Madius stressed that the 40 per cent entitlement is neither a new demand nor an act of benevolence by the federal government.

Rather, it is clearly enshrined under Articles 112C and 112D of the Federal Constitution and guaranteed by the Malaysia Agreement 1963 (MA63).

He noted that the entitlement had previously been implemented between 1965 and 1975, before being discontinued without reasonable explanation.

Referring to the Kota Kinabalu High Court decision on Oct 17, 2025, Madius said the court had ruled that the 40 per cent entitlement is valid, extant and binding.

The court also issued an order of mandamus directing that negotiations between the Federal and Sabah governments commence within 90 days and be concluded no later than April 15 this year.

“After 96 days, progress has been painfully slow, while only 84 days remain. This is not the time for delay, but for seriousness and political courage,” he said, urging the government to withdraw the appeal and proceed with payment without further delay.

Madius cautioned that failure to comply with a court order is not a trivial matter, as it goes to the dignity of the judiciary and public confidence in the rule of law.

Continuing with the appeal, he said, would only deepen the sense of distrust among Sabahans who have long awaited the implementation of their constitutional rights.

Linking the issue to conditions on the ground, he highlighted Sabah’s persistent development gaps, including poor rural road infrastructure, unstable water and electricity supply, more than 300 dilapidated schools and the highest poverty rate in the country.

“The 40 per cent issue is not merely about figures. It is a critical financial foundation for Sabah to develop in a more orderly, equitable and dignified manner. Justice has never weakened a nation; injustice is what fractures trust,” he said.

He also pointed out that withdrawing the appeal would not be a sign of weakness, but a demonstration of political courage and respect for the Constitution, in line with the Yang di-Pertuan Agong’s call for all documents and agreements relating to the formation of Malaysia to be respected and fully implemented.