THE Shah Alam High Court today ordered the release of Nigerian Simon Momoh from detention with immediate effect.

“I am ordering the release of the accused as the authorities failed to abide by the proper procedure in his detention,” said Judge Ab Karim Ab Rahman said.

Momoh’s lawyer Vemal Arasan filed a habeas corpus application on April 1, on the grounds his client had been illegally detained since March 15.

The Immigration Department, Prisons Department and the Home Ministry were named as defendants in the action.

Momoh was arrested last month at a roadblock in Cheras for suspected drink-driving. He pleaded guilty to the charges and paid a RM12,000 fine.

However, he was then detained under Section 35 of the Immigration Act 1959, which allows authorities to hold him for a period not exceeding 30 days. Until his release today, he had been held at Semenyih Immigration Detention Centre.

On April 14, his wife Low Kar Wai received an email from the Immigration Department, asking her to arrange a flight for him back to Nigeria. According to the deportation order, Momoh was classified as a prohibited immigrant under the law.

She was also informed that Momoh’s long-term social visit pass (spouse visa), which was valid until October 14, 2022, had been cancelled.

Justice Ab Karim also stated that the prosecution had quoted the wrong section of the Immigration Act when detaining Momoh.

After the verdict was announced, Vemal told reporters that Momoh’s detention was unlawful and unconstitutional, because he was not remanded at any time during his detention.

Momoh has been under immigration detention for 40 days.

“We are thankful to the judge who saw the things that we saw. The arrest was unlawful and unconstitutional. Under the constitution, there should be a remand order on the arrest but there was none.

“The prosecution said it had made a remand order for the accused but there was nothing,” said Vemal.

Momoh’s wife Low Kar Wai broke down as the judge ordered her husband’s release.

“I can only thank everyone who has helped me through these difficult times. My family has stayed strong for the past 40 days. My children can finally see their father again,” she said.

Vemal has also filed a judicial review to quash Immigration director-general Khairul Dzaimee Daud’s decision to cancel Momoh’s visa and subsequently deport him.

The judicial review was filed against Khairul and Home Minister Hamzah Zainudin at Shah Alam High Court on Wednesday.

Momoh is also seeking a declaration that Khairul and Hamzah acted inappropriately and beyond their jurisdiction, and is requesting an injunction to prevent Khairul and Hamzah from making any subsequent decision to revoke Momoh’s visa and issue a detention order. – April 23, 2021.