SIMON Momoh, a Nigerian man who pled guilty to drink-driving in March and was subsequently arrested by Immigration pending deportation, has been released tonight.

Momoh had been held at Semenyih Immigration Detention Centre for 40 days from his arrest on March 15.

Momoh’s lawyer, Vemal Arasan, said he was released at 9pm where he was greeted by his Malaysian wife Low Kar Hui and children.

“He will speak in a few days’ time. The family is completely exhausted,” Arasan said.

As for now, the family is happy to be reunited,” he added.

Earlier today, Shah Alam High Court ordered that Momoh be released from detention immediately.

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

Prior to his release, Vemal had filed a habeas corpus application on April 1, on the grounds his client had been illegally detained since March 15, naming the Immigration Department, Prisons Department and the Home Ministry as respondents in the action.

Momoh was arrested last month at a roadblock in Cheras for 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 up to 30 days.

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. – April 23, 2021.