A Nigerian father-of-two married to a Malaysian has hauled the government to court to seek RM4 million in compensation over his 40-day unlawful detention.
Simon Adavize Momoh filed the writ of summons at the Shah Alam High Court two days ago, naming the immigration director-general, prisons director-general, home minister and the Malaysian government as first to fourth defendants.
During his 10 years of living in Malaysia, the 35-year-old was subjected to detention of 40 days linked to a traffic offence in 2021, as well as the authorities’ attempt to deport him by cancelling his Spouse Visa (social visit pass).
He previously succeeded in court to strike down both the illegal detention and the deportation bid.
When contacted by the media today, Momoh’s lawyer V Vemal Arasan confirmed the filing of the civil action over the Nigerian’s 40-day detention from March 15 to April 23, 2021.
According to the civil suit’s statement of claim, the plaintiff contended that his detention was unlawful as he was detained when he already had a valid visa, thus contravening Section 35 of the Immigration Act 1959/63.
Momoh claimed that Article 5(4) of the Federal Constitution made it clear that when a non-citizen is arrested, he shall within 14 days be produced before a magistrate and should not be detained further without a magistrate’s order.
“The plaintiff pleads that throughout the period of his unlawful detention/imprisonment, the plaintiff was never produced before a magistrate,” Momoh contended.
Contends deportation order illegal
The plaintiff contended that the authorities’ attempt to revoke his visa was a “punishment” over an earlier offence under the Road Traffic Act 1987, in which he was previously charged in court and pleaded guilty to the charge on March 15, 2021.
He pointed out that after he had served his one-day jail sentence and paid the RM12,000 fine, he was not released from jail at 4pm that day, but instead began the unlawful detention by being brought to Kajang Prison on the pretext of a Covid-19 swab test, and that it would take 14 days for the results to be released.
Momoh said despite this, he was not released and had to file a habeas corpus application in court to nullify his detention, which led to his release from custody on April 23, 2021.
The plaintiff claimed that the deportation order was illegal as it was not made over the reason of an immigration offence but instead over his traffic offence.
Momoh contended that the detention was further made unlawful due to the authorities not informing him of the reason for his arrest until 31 days into his detention, namely on April 16, 2021, when the authorities informed his lawyer about it.
“Article 5(3) (of the Federal Constitution) states that a person arrested should be informed as soon as possible of the grounds of his arrest,” the plaintiff contended.
Through the lawsuit, Momoh seeks RM2 million in general damages over the 40-day unlawful detention, with each day calculated at RM50,000.
He is seeking RM1 million for pain, suffering, emotional distress and mental anguish.
Momoh seeks RM1 million in exemplary damages, RM3,925.31 in special damages, five percent interest on damages awarded by the court to be calculated from March 15, 2021 until the date of full settlement, costs and any other relief deemed fit by the court.
The civil action is set for case management before the Shah Alam High Court on Feb 9.
Momoh’s pass has been renewed until Jan 27, 2025, and his passport renewed until Dec 14, 2027. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.