The Federal Court will sit in Kota Kinabalu Thursday and Friday (Feb 12 & 13)to hear Parti Bersatu Rakyat Sabah (PBRS) Tan Sri Joseph Kurup appeal against a Kota Kinabalu Election Court on Sept 8, 1008 that declared his win uncontested as Pensiangan member of Parliament.
This was confirmed today by Kurup's lawyer George Aluda.
Danny Anthony Andipai of Parti Keadilan Rakyat (PKR) filed the petition on April 9, 2008.Andipai's candidacy for the Pensiangan parliamentary seat was rejected by Returning Officer Bubudan OT Majalu on nomination day Feb 24, 2008.
After rejecting Andipai’s papers, Bubudan declared Kurup of having won Pensiangan uncontested.Andipai sought for a court declaration that Kurup’s win was null and void.
The Election Court allowed Andipai's petition and Kurup, who had been appointed Federal Rural and Regional Deputy Minister, file a stay of execution of the declaration on Sept 11, 2008.
The Federal Court is also scheduled to hear PKR's appeal against the Kota Kinabalu Election Court decision in dismissing their petition against the victory of Parti Bersatu Sabah (PBS) deputy president Datuk Dr Yee Moh ChaiIn the March 8, 2008 general elections, Dr Yee won the Api Api state seat with a slim majority of 174 polling 3,419 votes, defeating Sabah PKR deputy head Christina Liew Chin Jin who garnered 3,245 votes.
The Kota Kinabalu Election Court declared Dr Yee's victory valid and Liew's election agent Audrey Karen Barry on April 9, 2008 filed an appeal to the Federal Court seeking a declaration to set aside the declaration.
The petitioner sought to declare the election's result null and void due to various breaches of the Election Offences Act 1954 and the Elections (Conduct of Election) Regulation 1981.