Immigration rearrested Nigerian after one-day jail sentence, court hears
The Shah Alam High Court was today told that the Immigration Department has issued a deportation order for a Nigerian man who has been detained since March 15 despite having served his one-day jail sentence on that day.
Deputy Public Prosecutor Siti Ruvinna Mohd Rawi told the judge Abdul Karim Abdul Rahman that Simon Adavize Momoh, 33, had been rearrested under Section 35 of the Immigration Act after his release from jail the same day.
Section 35 states that any person reasonably believed to be a person liable for removal from Malaysia may be arrested without a warrant by any immigration officer or by a senior police officer and may be detained in any prison, police station or immigration depot for a period not exceeding thirty days pending a decision as to whether an order for his removal should be made.
Prior to his rearrest, Momoh was charged under Section 45A(1) of the Road Transport (Amendment) Act 2020 for drink driving. He had served a one-day jail sentence and his wife Low Kar Hui (above, left) had paid the RM12,000 fine.
However, Momoh continued to be kept behind bars and Low claimed that she was in the dark as to why Momoh was still being detained after serving his sentence.
"He (Momoh) was rearrested on March 15 under Section 35 (of Immigration Act) when he was still in prison.
"Section 8(3)(d) of the Immigration Act also states that any person who is convicted and sentenced to imprisonment is deemed to be an undesirable immigrant," said Ruvinna.
She also informed the court that the Immigration Department had dismissed an appeal by Low to have her husband released. His long-term spouse visa has also been revoked, the court was told.
Postpone order
In light of the development, Abdul Karim said that Low's habeas corpus application, hearing for which was set for today, was deemed academic. A habeas corpus hearing is to seek a writ requiring a person under arrest to be brought before a judge or into court.
The judge then ordered the family's lawyer Vemal Arasan (above, right) to file a reply to the respondent's affidavit. He also ordered Momoh's deportation to be postponed and fixed the next hearing date for April 21.
Earlier, Vemal informed the court that he had obtained the green light from the Immigration Department to meet Momoh at the Semenyih Depot but the depot had refused to let him in.
"When I reached Semenyih, the depot authorities didn't allow me to enter due to an 'electrical trip'," he said.
When met outside the court, Vemal said he will exhaust all avenues including appealing to the Home Minister Hamzah Zainuddin to release Momoh.
"My client is financially exhausted and she has no means to buy a flight ticket for her husband. Momoh also has been taking care of his children. We feel all these points should be taken into consideration (for his release)," he said.
Foreign Spouses Support Group (FSSG) co-founder Bina Ramanand and Family Frontiers programme manager Melinda Anne Sharlini accompanied Low at the court today while CR Selva held a watching brief for the Bar Council.
