Judge Shahnaz Sulaiman said the immigration director-general could not revoke Simon Adavize Momoh’s pass for committing an offence under the Road Transport Act.

Shahnaz also made a consequential order that Momoh, who is married to a Malaysian, could not be deported as he still had valid travel documents.

“He can revoke the pass if a foreigner committed offences under Section 56 of the Immigration Act,” she said.

The immigration department previously said it revoked Momoh’s social pass as the 34-year-old was convicted and sentenced to one day in jail and a RM12,000 fine for driving under the influence of alcohol. He served the jail sentence and paid the fine.

Shahnaz said the immigration director-general had exceeded his authority and that it was illegal for him to revoke Momoh’s pass which would expire at the end of this year.

“There is merit in the application and the order by the DG to cancel the pass is quashed,” she said.

An elated Momoh thanked his wife, Loh Kar Hui, well-wishers and civil society for standing by him during the challenging period last year.

“Thank God, justice is done. My wife and I never expected to go through this ordeal,” he said, adding that he hoped and prayed others in his same circumstances would not go through such an experience.

Shahnaz did not order costs as it was a public interest litigation.

In her oral ruling, she said Momoh was also not produced before a magistrate within 14 days of being caught for driving under the influence of alcohol.

“This is a violation of Article 5 of the Federal Constitution,” she said.

The provision states that no person shall be deprived of his life or personal liberty save in accordance with the law.

On April 11, senior federal counsel Ahmad Hanir Hambaly submitted that the immigration director-general had the power to revoke Momoh’s pass after he was found guilty of the offence.

He said there was also an ouster clause under Section 59 of the Immigration Act to prevent the courts from inquiring into a complaint by an aggrieved party.

However, last month, the Federal Court ruled that ouster clauses were unconstitutional as they prevented litigants access to justice.

Momoh had filed the judicial review application in April last year against the director-general and 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.

He was released on April 23 after being detained for 40 days at the Semenyih immigration depot after being initially arrested for drink driving at a roadblock in Cheras in March.

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 Low on April 14. The department had asked her to make arrangements for his flight back to Nigeria.

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

Lawyers Gurdial Singh Nijar, V Vemal Arasan, James Joshua Paulraj and Abraham Au appeared for Momoh.

Gurdial said today’s ruling was important as he believed there were foreigners waiting to be deported for committing offences outside the Immigration Act.

“They could challenge the illegal detention,” he said, adding that Momoh could have been deported and separated from his wife and children had he not filed for the judicial review.

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