By J.Evachel John

KOTA KINABALU: The Sabah Law Society (SLS) hailed the High Court’s decision affirming Sabah’s 40 per cent constitutional entitlement as a historic restoration of justice long denied to the State.

Its Immediate Past President Datuk Roger Chin said the ruling marks a turning point for Sabah, as the Court has upheld what the State had long fought for its constitutional right to 40 per cent of federal revenue derived from Sabah.

He said the judgment confirms that the special grant is not a privilege to be negotiated, but a constitutional right owed to Sabah since the formation of Malaysia in 1963.

“For half a century, our entitlement was withheld. These were the “lost years,” when promises made at the birth of Malaysia were forgotten. Today, the Court has restored those promises and reaffirmed the rule of law,” he said.

He added that the ruling is more than just about figures, saying it represents dignity, fairness, and respect for Sabah’s rightful place in Malaysia.

“It means schools for our children, hospitals for our families, roads that connect our villages, and opportunities worthy of Sabahans,” he said.

According to Chin, the Court has quashed the flawed parts of the 2022 Review Order and its subsequent replacements, ruling that the omission of the “lost years” between 1974 and 2021 was unlawful and that arrears must be paid to Sabah.

He said, the Federal Government must meet with the State Government of Sabah within 90 days and reach an agreement within 180 days, applying the 40 per cent formula guaranteed by the Constitution.

“The arrears due from 1974 to 2021 have been recognised as a continuing debt to Sabah, and payment must follow whether through direct settlement or constitutional damages. Until these obligations are fulfilled, all reliance on the 2022 Order and its successors is stayed. In short, the constitutional path is restored, and Sabah’s rights must now be given practical effect,” he said.

Chin said the Court’s decision also recognises the vital role of the Sabah State Government, which has continued to uphold and assert the State’s constitutional rights.

“The Court’s decision confirms that the 1969 Order to vary did not extinguish or alter the original formula, but that the constitutional mechanism guaranteeing Sabah’s 40 per cent share has always remained intact,” he said.

He stressed that the judgment is not a victory against the Federation, but rather a victory for the Federation, proving that Malaysia honours her founding promises and that no State stands beneath the Constitution, and that true unity is built not on neglect but on respect.

“Today, Sabah has been heard. Today, justice has been done. And today, history records that promises made in 1963 remain promises kept in 2025.

“The Court has ended Sabah’s lost years justice has been restored and the promise of Malaysia redeemed. Honouring this judgment is not just about Sabah it is about strengthening Malaysia itself,” Chin said.

He added that the SLS will resist vigorously any attempt to appeal or undermine this decision.

“At the same time, it is hoped that now that the Court has spoken and decided, the Federal Government will respect the judicial process, accept the outcome, and abide by it.

“While it remains their right to appeal, doing so would betray sincerity, especially when successive governments including the present one have pledged to honour MA63 yet failed to resolve the 40 per cent entitlement,” he said.