Justice Jamhirah Ali ruled in favour of Simon Adavize Momoh in his civil action against the government, the home ministry, the immigration department and the prisons department.
General damages were assessed at RM15,000 a day, while exemplary damages were set at RM75,000.
The court also awarded costs of RM40,000, together with interest at 5% per annum from the date the writ was filed on Jan 10, 2023.
Momoh, who is married to a Malaysian, was detained at the Semenyih immigration depot for 40 days in 2021 after he was initially arrested for drink-driving at a roadblock in Cheras.
After he was fined and sentenced to one day’s jail by the court, the immigration department cancelled his spouse visa and ordered his deportation.
He was later released following a habeas corpus application, in which the court ruled that his detention was unconstitutional and procedurally flawed.
His legal team subsequently pursued a judicial review, which resulted in the Shah Alam High Court quashing the immigration department’s decision to revoke his spouse visa and deport him.
Momoh’s legal team was led by James Joshua Paulraj and assisted by Gurdial Singh Nijar, V Vemal Arasan, Abraham Au and Regine Ng. The defendants were represented by senior federal counsel Siti Aishah Ramlan and federal counsel Nurul Hanani Azamuddin.
Vemal said today’s award marked a significant judicial affirmation of constitutional liberties, accountability, and the rule of law, particularly in matters involving detention and alleged abuse of executive power.
He said the case highlighted serious concerns over the detention and treatment of non-citizens, access to legal representation, and the constitutional protection afforded to all persons in Malaysia.
“Today’s award represents not only vindication for Momoh and his family, but also an important reminder that unlawful detention and abuse of power cannot be normalised in a constitutional democracy,” he said.
“We hope this decision will contribute towards greater accountability and institutional reform moving forward.”
