A Nigerian man who was kept in detention for a month after his Maltese wife left their matrimonial household has been released on bail on a personal guarantee of €2,000.

Paul Jibiri, 30, came to Malta legally and married his wife three years ago but, because the statutory five years had not yet elapsed since the couple's wedding, he was issued with a removal order as soon as the authorities realised the couple was no longer living together.

The couple has three children, who Mr Jibiri has not seen for several weeks after his wife made several serious allegations of abuse and sought refuge in a centre of Aġenzija Appoġġ.

Together with his lawyers Victor Scerri and Therese Comodini Cachia, Mr Jibiri has appealed the removal order issued last month. They also requested bail, which was granted on Thursday, allowing him to leave the Safi detention centre. One of the bail conditions is that he cannot visit his wife or children.

His appeal has not yet been decided, as final written submissions are being awaited. But his lawyers are also preparing for a constitutional case just in case the removal order is confirmed.

They argue that he has a right to family life and that his children have a right to their father. They also argue it is not fair for him to be deported while separation proceedings are ongoing.

As the law stands, third country nationals who have not yet been married to their partners for five years risk deportation when their partners leave their matrimonial household. The law aims to discourage marriages of convenience.

According to the police, Mr Jibiri could have regularised his status by applying for a work permit before the removal order was issued but he claims he was never informed of this right until it was too late.

Last week, the Citizenship and Expatriates Department issued Mr Jibiri with a three-month interim residence permit but the police said only the appeals board could withdraw the removal order.

Meanwhile, the police have filed charges against Mr Jibiri based on reports by his wife that he had threatened her and their children. During the last sitting of Mr Jibiri's appeal, Dr Scerri criticised the police for filing charges without any basis or investigation, adding that this was a waste of the court's time.

The police officer in charge of the case said it was the duty of the police to initiate the case even though Mr Jibiri's wife could submit no medical or psychological reports to confirm her allegations of abuse.