Senior federal counsel Ahmad Hanir Hambaly said there is also an ouster clause under Section 59 of the Immigration Act to prevent the courts from inquiring into a complaint by an aggrieved party.

“This provision has been upheld by the Federal Court in a majority ruling last year in the case of Maria Chin Abdullah vs immigration director-general,” he submitted in response to a judicial review application by Momoh.

Ahmad Hanir said the director-general had given his reasons for cancelling the pass as an offence had been committed under the Road Transport Act.

He said Momoh had pleaded guilty and also did not obtain a pardon.

Momoh could also have appealed to the home minister within seven days of the revocation but did not do so.

“The pass was revoked and he was placed under detention. However, he was not blacklisted. He could have applied again for a pass (to remain in the country) but he did not do so,” he said.

Momoh had filed the judicial review application in April last year against the government for revoking his pass and ordering his deportation.

He had since then been issued a special pass to be renewed on a monthly basis to be with his family here.

Momoh was released on April 23 after being detained for 40 days at the Semenyih immigration depot. He was initially arrested for drink-driving at a roadblock in Cheras in March and jailed for a day and fined RM12,000.

He was released following a habeas corpus hearing, with Judge Ab Karim Ab Rahman ruling that his detention was unconstitutional and a breach of procedures.

Momoh’s deportation order was emailed to his wife, Low Kar Hui, on April 14. The department had asked Low to make arrangements for his flight back to Nigeria.

According to the order, he was deemed a prohibited immigrant.

In his submission today, Ahmad Hanir also said Momoh’s habeas corpus and judicial review applications were two different and distinct transactions.

Meanwhile, lawyer Gurdial Singh Nijar said the applications must be taken as a single transaction.

“Since the court has ruled in the habeas corpus application that Momoh’s detention is illegal, any other action by the director-general during and after the detention is also unlawful,” he said.

Gurdial said Momoh was kept at the Kajang prison for 14 days first after serving the one-day jail term to conduct a Covid-19 test before he was taken to the Semenyih immigration depot.

“He had a valid pass to remain in this country and this was revoked even before the outcome of the habeas corpus application,” he said.

Gurdial, who was assisted by V Vemal Arasan, said the court had time and again stated that the public authorities could not have unfettered discretion to do as they like.

“This is why we filed the judicial review application to quash the order to cancel Momoh’s pass and deport him,” he said.

Gurdial said the director-general had no absolute discretion to revoke Momoh’s pass and this act went beyond his jurisdiction and was unconstitutional.

“The jurisdiction of the court is not ousted if there is a procedural impropriety by the director-general,” he said.

Gurdial said Momoh’s pass was revoked while under detention and that he had no right to counsel to determine his rights.

“It is also ridiculous for him to apply for a new pass while under detention,” he said.

Judicial commissioner Shahnaz Sulaiman will deliver a ruling on June 2.