NIGERIAN Simon Momoh who was arrested for drink-driving and currently detained at the Semenyih Immigration depot was not told that he was being deported, and only found out about it from his lawyer yesterday, a day after the notice was issued.

His lawyer, Vemal Arasan, was given access to meet his client yesterday after High Court judge Ab Karim Ab Rahman instructed the Attorney-General’s Chambers to allow him access to his client.

“I met with him yesterday around 3.30pm. He didn’t know he was being deported, he thought he was going to be released.

“He kept quiet for a while when he heard, he’s strong and he just wants his family to remain strong,” the lawyer said.

In the early hours of March 15, Momoh was arrested at a roadblock in Cheras for suspected drink-driving, in violation of Section 45A(1) of the Road Transport (Amendment) Act 2020.

He had pleaded guilty to the charges and paid a RM12,000 fine.

He was, however, detained again under Section 35 of the Immigration Act 1959, which allows authorities to hold him for a period not exceeding 30 days. He had been detained at the Semenyih detention centre for the past month.

Authorities had stopped Vemal and his wife from meeting Momoh, citing Covid-19 restrictions.

But that changed after the High Court granted access to Vemal  to meet his client.

The court had also set next Wednesday for a full hearing of his habeas corpus application which was filed on April 1.

Momoh is married to Malaysian Low Kar Hui and they have two daughters together. He is a stay-at-home father and takes care of his two daughters, Divine, eight, and Elisha, five, as his long-term spouse visa does not allow him to work in the country.

On April 14, Low received an email from the Immigration Department, asking her to prepare arrangements for his flight back to Nigeria. According to the deportation order, Momoh is deemed a prohibited immigrant pursuant to Section 8(3)(d)(i)(ii) of the Immigration Act.

She was also informed that Momoh’s Long-Term Social Visit Pass (spouse visa), which was valid until October 14, 2022 had been cancelled.

“The Immigration Department told us that he was being deported because drink-driving is a rampant crime in the country. But, there are instances where foreigners have been convicted of far worse crimes like drug offences but they were not deported.”

Vemal added that Low had been constantly receiving calls from the Immigration Department.

“They are calling her (Low) constantly to come now. Just to buy a plane ticket (for him to go back to Nigeria). She’s not going to do it (buy the plane ticket),” Vemal said.

Too much discretionary power

Though it was normal to deport individual back to their home country for violation of immigration rules, Vemal said many are unaware that a one-day imprisonment grants the director-general of the Immigration Department the discretion to cancel their visas at will and send them back.

“His (Momoh’s) papers are all fine, the problem is with the Immigration Act. It gives the DG discretionary powers to cancel his pass the moment he’s convicted of a crime, which includes imprisonment.

“Many people are unaware of this. They just plead guilty thinking they’ll pay a fine and be released. That one-day imprisonment gives the DG the power to cancel the visa. Many of those detained in the depot are in the same situation,” he said.

The Malaysian Insight has contacted Immigration Director-General Khairul Dzaimee Daud for clarification, but has yet to receive a response.

Vemal said when Momoh was arrested, he was unrepresented and had pleaded guilty not knowing the consequences, as he was told by the police that once he paid the fine, he would be released.

“The police always tell them that all they have to do is pay the fine and they will be let go.”

The lawyer added that Momoh had told him that he only had two glasses of beer to drink that night and was on his way home when he was stopped.

“Simon said he only drank two glasses of beer and he was on his way back home. His level was just slightly above the legal limit. He didn’t have a lawyer at the time to advise him.

“If I was his lawyer (at the time), I would have advised him not to plead guilty because when the blood sample comes out, he wouldn’t have passed the threshold.

“This is an awareness for every single foreigner in the country. You may be married with kids here, but you can still be deported.”

“Hopefully he will remain in the detention centre because if they wanted to, they could deport him,” the lawyer said, adding that Judge Karim had told the prosecution not to deport Momoh until the hearing.

Vemal said that even if they were successful in their application to halt the deportation, it doesn’t stop the DG from sending Momoh back to Nigeria.

“Look at the Myanmar case, even with a court order, they proceeded to send them all back.”

Calls for release

Momoh’s church, Cathedral of St John the Evangelist, has joined a chorus of civil societies who have asked that the Nigerian national be released.

“There is terrible injustice that is happening and we need for the authorities to consider the well-being of his wife and very young children,” the church said in a statement.

The church said that Momoh, a parishioner there, is known to be a loving husband and doting father. 

“Those who know him are saddened and shocked by the recent turn of events.”

The church will be hosting an online prayer vigil for Simon and his family tomorrow.

The Association of Family Support & Welfare Selangor & KL (Family Frontiers), meanwhile, urged Putrajaya to reconsider deporting Momoh as it will separate him from his family.

“This process and the potential deportation will separate the family and is a forceful and wilful break up of their familial structure.

“This leaves the family to suffer multiple devastating psychosocial consequences with a detrimental impact on their emotional well-being.”

It added that the legal process that Momoh and his family have been subjected to so far has also inflicted severe financial hardship on the family.

The Human Rights Commission of Malaysia (Suhakam) said that the unexpected imprisonment of Momoh had traumatised his children and called for his immediate release. – April 17, 2021.