Judge orders Momoh's release from 'unconstitutional' detention
- 3 years ago
The High Court in Shah Alam ruled today that the Immigration Department violated the Federal Constitution and its own procedures in the Simon Momoh case.
This was because the department continued to detain the Nigerian national despite neither bringing him before a magistrate within 14 days after his arrest nor securing a remand for him.
This afternoon, judge Ab Karim Ab Rahman allowed the habeas corpus application of Momoh’s family and ordered the 33-year-old to be released from detention at a “practical” time.
During the hearing, deputy public prosecutors Siti Ruvinna Mohd Rawi and Ainaa Lutfiah Mohamed Zulkali admitted that the Immigration Department never secured any remand for Momoh.
This was because the department continued to detain the Nigerian national despite neither bringing him before a magistrate within 14 days after his arrest nor securing a remand for him.
This afternoon, judge Ab Karim Ab Rahman allowed the habeas corpus application of Momoh’s family and ordered the 33-year-old to be released from detention at a “practical” time.
During the hearing, deputy public prosecutors Siti Ruvinna Mohd Rawi and Ainaa Lutfiah Mohamed Zulkali admitted that the Immigration Department never secured any remand for Momoh.