Kuala lumpur: The Federal Court today dismissed an application by the Registered Trustees of Sabah Action Body Advocating Rights (SABAR) to intervene in the Sarawak Government's petition concerning the constitutional validity of federal laws governing oil and gas operations in Sarawak.
According to BERNAMA News Agency, a three-member bench consisting of Justices Datuk Nordin Hassan, Datuk Che Mohd Ruzima Ghazali, and Datuk P. Ravinthran unanimously decided that SABAR lacked a direct legal interest in the case. The court concluded the petition was a matter between the Federal and Sarawak governments, and as a non-governmental organisation, SABAR was not an appropriate party to be involved.
Justice Nordin explained that the outcome of the Sarawak Government's petition against Petroliam Nasional Bhd (Petronas) and the Government of Malaysia did not impact SABAR's rights in its ongoing legal proceedings at the Kota Kinabalu High Court. SABAR's involvement would unnecessarily expand the scope of the Federal Court's proceedings.
The petition was filed under the Federal Court's exclusive original jurisdiction, requiring specific procedures, including obtaining leave from a single Federal Court judge. Justice Nordin highlighted that SABAR could not bypass these processes by filing to intervene in the Sarawak Government's petition.
During the session, the Government of Malaysia and Petronas opposed SABAR's application, while the Sarawak Government supported it. SABAR had filed its application on May 18, seeking to join as a co-petitioner, arguing its legal action at the Kota Kinabalu High Court sought similar reliefs to those of the Sarawak Government.
In its legal challenge submitted at the Kota Kinabalu High Court, SABAR questioned the consistency of the Continental Shelf Act 1966, Petroleum Mining Act 1966, and Territorial Sea Act 2012 with the Federal Constitution. SABAR has also sought to refer constitutional questions to the Federal Court.
The Sarawak Government initiated its petition in February, seeking the Federal Court's determination on the constitutional validity of several federal laws. It aims for a declaration that certain laws, including the Petroleum Development Act 1974, are unconstitutional regarding their application to Sarawak.
On March 16, the Federal Court granted Petronas leave to challenge the Sarawak State Legislature's authority to enact laws on oil and gas matters and the validity of several enacted laws.
Representing SABAR were lawyers Roland Cheng Ho Wah and Datuk Alex Decena. Senior Federal Counsel Ahmad Hanir Hambaly@Arwi and Nurhafizza Azizan appeared for the Malaysian Government, while Datuk Sri JC Fong represented the Sarawak Government. Petronas was represented by lawyers Datuk Dr Cyrus Das and Khoo Guan Huat.