Holland’s Supreme Court Nails Victory for Sabah

newssabah-newsSept 2024

Sabah’s sovereignty within Malaysia has never been compromised or wavered. Datuk Seri Azalina Othman Said, Malaysia’s Minister in the Prime Minister’s Department (Law and Institutional Reform) has reiterated that the decision by the Supreme Court of the Netherlands - which has dismissed the appeal filed by the so-called Philippines-based Sulu claimants - has closed the chapter on the illegal claim on Sabah. Chief Minister Datuk Seri Panglima Haji Hajiji Haji Noor, said on 7 September 2024, in responding to Datuk Seri Azalina’s statement, has hailed the landmark judgment by the Supreme Court of the Netherlands, saying that Sabah has never recognised any external claims on its territories. Hajiji reaffirmed that Sabah’s sovereignty in Malaysia remains intact, strong and unchallengeable.

On 06 June 2023, the Paris Court of Appeal has upheld Malaysia's challenge on the Group' s claim and it has delivered a landmark legal decision which ended the Sulu claimants’ US$14.9 billion compensation claim against Malaysia. On 28 June 2023, the Dutch Court of Appeal in the Netherlands has – once and for all – delivered the final blow to the claim of US$14.9 billion (RM62.59 billion). Malaysia has countered claim RM31 million from the group for legal costs, comprising international legal services, court proceedings, translations, and cost on historical and legal research.

In March 2024, Hajiji has said that any group claiming sovereignty over Sabah was merely a frivolous attempt to disrupt peace. Hajiji reiterated Sabah - throughout its history – has never entertained any external claim on Sabah’s territories. Hajiji said Sabah and Malaysia are strongly backed and recognised by the global community and the United Nations on this matter. Sabah, Sarawak and Malaya formed the Malaysia Federation in 1963. Hajiji repeated Sabah’s stance: that the so-called Sulu Group has no locus standi as reflected by the decision of the Dutch Court of Appeal which has dismissed the US$14.9 billion claim in 2023.

The Dutch Court of Appeal’s decision has completely nullified the Group’s claim.The frivolous and illegal attempt by the group began in Spain in May 2020 when a court-appointed arbitrator known as Gonzalo Stampa, acting for the Group, fought for partial award. However, in June 2021, the same court in Spain annulled the appointment of Gonzalo Stampa as an arbitrator. The court said that the case has no merit and has ordered the case to be stopped. The group moved the proceedings to France in February 2022 and then subsequently to other countries. Gonzalo Stampa was eventually imprisoned.