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Nigerian sues Malaysia govt N406m for unlawful detention

Written by on January 12, 2023

Nigerian Simon Adavize Momoh, who was detained for 40 days by immigration officers in 2021, is suing the government for alleged wrongful detention.

He is seeking damages amounting to over RM4 million.

Momoh, who filed a suit at the High Court here this morning, named the prisons and immigration department directors-general as well as the home minister as respondents.

He alleged that he was wrongfully detained by the authorities between March 15 and April 23, 2021, despite possessing a valid visa to stay in Malaysia.

He also said he was wrongly classified as a person liable for deportation.

It was previously reported that Momoh was jailed for one day and fined RM12,000 by a magistrates’ court on March 15, 2021, for drink driving.

The immigration department subsequently revoked his social pass after the drink driving conviction.

He contended that the 40 days’ detention had infringed his rights under the Federal Constitution, as he was not informed why he was arrested.

“The plaintiff (Momoh) was told on March 15, 2021, after he had served his one-day imprisonment, that he was required to undergo a Covid-19 swab test,” he said in his statement of claim.

“The results would be out in 14 days after which he would be released. He was instead kept in prison until he was released by a court order,” he said.

The High Court fixed Feb 9 for case management.

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