Strategi dan Peranan Peguam Waris Sultan Sulu dalam Perjuangan Menuntut Sabah: Perspektif Sejarah dan Dinamika Semasa, 1936-2022 (The Strategies and Roles of Legal Representatives of the Sultan of Sulu’s Heirs in the Struggle to Claim Sabah: A Historical Perspective and Contemporary Dynamics, 1936-2022)

Abstract

During the reign of Sultan Jamalul Kiram II, he had already devised plans to sue the British government in an international court to reclaim North Borneo (Sabah). However, his aspirations were left unfulfilled when he passed away in 1936. Following his death, numerous heirs appointed legal representatives to assert their respective claims. The earliest dispute after his passing revolved around the determination of rightful heirs eligible to receive the annual payment of $5,300. Before proceedings on the rightful heirs’ entitlement to the payment were conducted at the North Borneo Court by Judge C. F. C. Macaskie in 1939, the heirs of the Sultan of Sulu had already brought their case before the Philippine court to validate the will of Sultan Jamalul Kiram II. Subsequently, in 1962, Esmail Kiram and other heirs transferred authority and ownership over Sabah to the Philippine government. The agreement stipulated that if the Philippine government failed or refused to uphold its claim, the heirs of the Sultan of Sulu would have the right to pursue their claim over Sabah independently by appointing their own legal representatives. Since the passing of the last Sultan of Sulu, numerous lawyers have been appointed by his heirs. This study highlights that the continuous appointment of legal representatives was, among other reasons, due to the emergence of multiple individuals claiming to be either the rightful Sultan of Sulu or the legitimate heir entitled to the annual payment. The claims made by the heirs of the Sultan of Sulu were not confined to the territories ceded under the 1878 and 1903 Agreements; rather, they extended to the entirety of Sabah and encompassed various other demands, including compensation and damages. At times, these claims overlapped, as the heirs competed against one another. A range of legal strategies has been employed by their legal representatives to advance these claims. Thus, this study aims to assess the strategies and roles of the legal representatives of the Sultan of Sulu’s heirs in their claim over Sabah from 1936 to 2022. A qualitative approach is adopted to analyse various records and sources, including both primary and secondary materials.