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33-year-old Nigerian man faces deportation after one month in Malaysia immigration de
#1
33-year-old Nigerian man faces deportation after one month in Malaysia immigration detention centre over drink driving offence




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A 33-year-old Nigerian national detained at an immigration centre in Malaysia for the last one month, has been served a deportation order despite having paid his fine for a drink-driving offence, his lawyer said on Thursday, April 15. 
 
Aimon Adavize Momoh, who has been married to a Malaysian auditor, Low Kar Hui, for the past eight years and has a valid visa, was arrested at a roadblock in Cheras, Shah Alam, the capital of Selangor in the early hours of March 15, 2021 on suspicion of drink-driving.
 
[Image: 60784c85513a8.jpg]
 
He pleaded guilty in court the same day, paid the RM12,000 fine, and his wife was told he would be released at 5pm.
 
However, he was taken to the Kajang prison and later transferred to the Semenyih immigration detention centre where he has been since then.
 
Authorities previously denied access for Vemal and Low to meet Momoh, citing Covid-19 restriction. 
 
Momoh's lawyer, V Vemal Arasan said the deportation order was emailed to his wife, Low Kar Hui, on Wednesday evening, asking her to prepare arrangements for her husband's flight back to Nigeria.
 
He said that according to the deportation order, Momoh is deemed a prohibited immigrant pursuant to Section 8(3)(d)(i)(ii) of the Immigration Act.
 
Vemal also told High Court judge Ab Karim Ab Rahman during a habeas corpus hearing to seek the release of Momoh that he had been unable to meet with his client at the detention centre on Wednesday.
 
The lawyer said immigration officers told him there had been a power outage.
 
He said he needed to see Momoh to enable them to prepare a proper submission, adding that the Attorney-General’s Chambers (AGC) had agreed for him to liaise with his client.
 
The High Court judge set next Wednesday,  for a full hearing of his habeas corpus application.
 
Vemal told reporters later there was no provision in the law to compel Momoh’s wife to purchase a flight ticket for him to leave the country, adding that they may be writing an appeal to the government.
 
He also said he had asked the AGC to instruct the immigration authorities to allow him to see Momoh next Monday.
 
Vemal filed the habeas corpus application on April 1, naming the Immigration Department, the Prisons Department and the home ministry as respondents.
 
Meanwhile, a member of the Human Rights Commission of Malaysia (Suhakam) has said that the continued detention of  Simon Adavize Momoh without a valid reason is worrying and will have a prolonged impact on his two young daughters, too. 
 
Noor Aziah Mohd Awal, a child commissioner, said there was no doubt that the unexpected imprisonment of Momoh had traumatised his children.
 
"Momoh is a stay-at-home dad 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. He is married to Malaysian Low Kar Hui," she said. 
 
"The girls have been looked after by their dad all this while but, suddenly, he is not home. Any form of separation from the person that regularly looks after you will affect anyone, particularly children,” 
 
"Now, they could have developed a fear of their father being taken away from them or, worse, being sent back to his home country, where they will not be able to see him at all" she added. 
 
She called for Momoh’s immediate release, saying there was no reason to detain him for a longer period of time as he had served his sentence.
 
Noor Aziah said the Nigerian national had admitted to his drink-driving offence and paid the fine.
 
"The government must justify the further detention or they can be sued for unlawful detention. Why are they doing this to the children, and to the husband of a fellow Malaysian?” she questioned, adding that Momoh’s visa had not expired yet.
 
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#2
Update: Nigerian man released after 40 days in Malaysia immigration detention centre




[Image: 6082fd7cdd258.jpg]


The 33-year-old Nigerian man who was detained at an immigration centre in Malaysia for 40 days, is finally a free man. 
 
LIB reported that Simon Adavize Momoh, who has been married to a Malaysian auditor, Low Kar Hui, for the past eight years and has a valid visa, was arrested at a roadblock in Cheras, Shah Alam, the capital of Selangor in the early hours of March 15, 2021 on suspicion of drink-driving.
 
[Image: 6082fe1b6282a.jpg]
 
The Shah Alam High Court on Friday, April 23, ruled that the detention of the Nigerian national for 40 days to be unlawful and ordered him to be released.
 
High Court judge, Datuk Ab. Karim Ab. Rahman had ruled that the detention was in violation of Article 5(4) of the Federal Constitution, which requires a non-citizen to be presented before a magistrate within 14 days from the date of arrest.
 
He said that the Immigration Act in Section 51(5)(b) incorporates this safeguard for the proper administration of law.
 
Momoh was however not brought before a magistrate for detention beyond 14 days. His lawyer Vemal Arasan said that the court found the detention of Momoh to be unconstitutional and to be released as soon as practical. A habeas corpus application had been filed at the court on April 1 before the petition was heard at the court on April 15.
 
[Image: 6082fe47f0ab3.jpg]
 
Confirming the latest development, Simon’s lawyer said that his client was released today from the Semenyih immigration detention centre.
 
"He is extremely grateful. But really exhausted. He just wants to go back,” Vemal Arasan told journalists. 
 
A very happy Momoh was seen greeting his wife and children after his release from the immigration centre.
 
Momoh said that for now, he just wants to be with his wife and children after being in detention for 40 days.
 
He said he is thankful to everyone who supported and prayed for him. 
 
Momoh was initially arrested on March 15 on suspicion of driving under the influence of alcohol. He pleaded guilty and paid the RM12,000 fine he was given, as well as served his one-day jail sentence.
 
However, Momoh who had a valid long-term spouse visa was not released but instead transferred to the Kajang Prison on March 16. He was then transferred to the Immigration Detention Centre in Semenyih on April 7 and faced the possibility of deportation to Nigeria.
 
His long-term spouse visa, which was valid until Oct 14 next year, was revoked on April 9 as per Section 9 of the Immigration Act, which allows the Immigration director-general to do so.
 
Momoh was deemed as a prohibited immigrant under the Act, with Low even told to organise flight tickets for his deportation to his country of origin.
 
Momoh through his lawyers had on Wednesday, April 21, also filed a lawsuit to challenge the Immigration Department’s orders to deport him, with case management for the matter on May 4.
 
Due to restrictions in a long-term spouse visa, Momoh was allowed to be in the country but was prohibited from employment.
 
He was a stay-at-home father for his two children while Low is the sole breadwinner.
 
[Image: 6082fe6873f9f.jpg][Image: 6082fe82792c0.jpg][Image: 6082fe9e55ca9.jpg][Image: 6082fec526b67.jpg]
 
 
 
 
 

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