Sue Immigration Department

 

Judge orders Momoh's release from 'unconstitutional' detention

Nigerian facing deportation forced to thumbprint ‘unknown’ papers, claims lawyer

SHAH ALAM: Nigerian national Simon Adavize Momoh was allegedly forced to thumbprint documents with “unknown contents” during his time under detention, claims his lawyer.

According to V Vemal Arasan, Momoh only found out the documents were to acknowledge the cancellation of his long-term spouse visa, and deportation when they met for the first time last Friday.

“He was informed that the documents were for his release,” Vemal claimed after a habeas corpus hearing at the High Court here today. “All this while, Momoh thought he was going to be released.”

He said that following the claim by Momoh, who remains detained at the Semenyih immigration depot, he prepared a new affidavit and filed it with the Attorney-General’s Chambers (AGC) yesterday.

At this morning’s hearing, the deputy public prosecutor requested for more time to respond to the affidavit.

Judge Ab Karim Ab Rahman agreed to this and set the next hearing for Friday afternoon. He also advised immigration authorities not to take any action on Momoh’s deportation, pending this matter.

Also present at the hearing was lawyer CR Selva, who kept a watching brief for the Bar Council and Foreign Spouses Support Group (FSSG), and the NGO Family Frontiers.

A representative from the Nigerian High Commission, who was present at the first hearing on April 9, was absent today.

Vemal also claimed that no remand order had been issued within the first two weeks of Momoh’s initial arrest for drink-driving on March 15.

He said this was a violation of Article 5(4) of the Federal Constitution, which was also reflected in Section 51 of the Immigration Act.

Meanwhile, Momoh’s wife, Low Kar Hui, has written to home minister Hamzah Zainudin over the deportation order.

“Since Momoh wasn’t given the opportunity (to appeal the order) and there was a seven-day time period, his wife has appealed to the home minister personally, seeking his good sense to reverse all decisions and release Momoh immediately,” said Vemal.

A judicial review has also been filed against the immigration director-general to challenge Momoh’s deportation and cancelled visa. It will take place on May 4 here.

Momoh’s deportation order, which was emailed to his wife on April 14, had asked Low to prepare arrangements for his flight back to Nigeria. According to the order, Momoh is deemed a prohibited immigrant.

Momoh has been married to Low for the past eight years and has a valid visa. He was arrested at a roadblock in Cheras in the early hours of March 15 on suspicion of drink-driving.

He pleaded guilty in court the same day, paid the RM12,000 fine and Low was told he would be released at 5pm. However, he was detained at the Semenyih detention centre after that and his one-day imprisonment now allows for his visa to be cancelled.

Vemal and Low had been denied permission to meet Momoh until last Friday, with the authorities previously citing Covid-19 restrictions and a power outage at the centre as the reasons.

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MOMOH IS NOT THE FIRST CASE.

THERE WERE HUNDREDS WHO COULD NOT AFFORD A LAWYER OR PAID A HEFTY SUM AS BRIBE WERE DEPORTED EVEN AFTER PAYING A FINE.

I KNOW OF A WOMAN WHO PAID RM60,000 AS BRIBE SO THAT SHE WILL NOT BE DEPORTED EVEN THOUGH SHE GOT ALL HER PAPERS AND CHILDREN BORN HERE.

ANOTHER LADY WAS PAYING RM1,000 MONTHLY TO IMMIGRATION OFFICERS FOR 10 YEARS SHE WAS IN MALAYSIA. EVEN THOUGH HER MALAYSIAN HUSBAND WAS WITH THE FOREIGN AFFAIR.  FINALLY SHE HAD ENOUGH AND THE WHOLE FAMILY MIGRATED TO NEW ZEALAND.

THIS IS HOW OUR AUTHORITIES PREDETERMINE THE PUNISHMENT AND FABRICATING EVIDENCES TO GET RICH.

I STRONGLY BELIEVE MOMOH SHOULD SUE IMMIGRATION DEPARTMENT FOR MILLIONS TO TEACH THEM A LESSON.

AFTER ALL WHAT HAS HE GOT TO LOSE BECAUSE THE SAME CROOKS WILL FIND EXCUSES TO DEPORT HIM IF NOT THIS YEAR THEN NEXT YEAR.