KUALA LUMPUR – The Shah Alam High Court has ordered the release of Nigerian Simon Adavize Momoh following his successful habeas corpus application today.
Momoh has been held at an immigration depot in Semenyih, and faced deportation.
High court judge Ab Karim Ab Rahman cited the Immigration Department’s non-compliance with procedures for the decision.
During the hearing, the prosecution, led by Siti Ruvinna Mohd Rawi, argued that Momoh was a “prohibited person” under the Immigration Act 1959 and liable to be removed from the country.
An order was obtained from the Immigration Department to cancel his spousal visa, with the prosecution saying this allowed Momoh’s detention pending his deportation.
However, Karim said: “If he was a prohibited person liable to be removed, then you should have made a decision on whether to remove him or release him, and then cancel his pass.”
Momoh’s lead counsel, V. Vemal Arasan, said today’s ruling has to do with Article 5 of the federal constitution, which suggests that the Immigration Department should have applied for a remand order within 14 days of detention, but failed to do so.
Vemal was assisted by Datuk Gurdial Singh Nijar, who is National Human Rights Society president, and lawyer Abraham Au.
Momoh’s wife, Low Kar Hui, told the media that she is relieved by the court decision, and that her family have struggled during her husband’s 40-day detention.
Momoh was detained by police at a Cheras roadblock last month on suspicion of drink-driving.
He pleaded guilty to the charge, and paid a RM12,000 fine and served a one-day jail sentence.
However, instead of being released the next day, he was detained under Section 35 of the Immigration Act, which allows individuals to be held for a period not exceeding 30 days.
Vemal has also filed a judicial review application to cancel the Home Ministry and Immigration Department’s decision to scrap his client’s long-term visit pass.
Asked if foreign spouses can be deported for committing offences, he said: “They (authorities) have the power to deport if the offence is immigration-related and serious.” – The Vibes, April 23, 2021
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