Human right activist and Lagos based lawyer, Femi Falana (SAN) has said that the search carried out on the home of the former National Security Adviser, Col. Sambo Dasuki by the officials of the State Security Services (SSS) last Thursday was in order and it has the backing of the law.
Falana said this in a statement issued in Lagos on Sunday, July 19, 2015.
He said that Col. Dasuki breached the law when he refused to allow the SSS officials “free and unhindered access” to his residence for several hours last Thursday.
Falana said contrary to the information being circulated in the media by the former NSA, his house was not illegally raided and but lawfully searched in pursuant to a warrant issued by a Magistrate.
Femi Falana
“The fundamental rights to personal liberty and privacy of the home of every Nigerian citizen are constitutionally guaranteed. As fundamental rights are not absolute they may be breached in accordance with a procedure permitted by law.
“Hence, by virtue of section 146 of the Administration of Criminal Justice Act, 2015, the residence of any citizen can be searched with a warrant duly signed by a Judge, Magistrate or Justice of the Peace. Section 149 thereof imposes a duty on any person residing in any building which is liable to be searched to allow free and unhindered access to it and afford all reasonable facilities for its search,”Falana explained.
The lawyer recalled that a team of SSS officials who were armed with a search warrant had attempted to execute the warrant on the private residence of Col. Dasuki in Asokoro District, Abuja.
Falana noted that the former NSA was convinced he did not deserve to have his house searched refused to allow the SSS officials to come into his house delaying them for several hours.
Col. Sambo was noted to have said the search could not be conducted until the armed troops guiding his house were withdrawn by the military authorities.
SSS operatives in four Hilux vans, ruled by Mohammed, stormed Dasuki’s private residence in Abuja at about 6:40pm and laid siege on in, insisting on seeing Dasuki last Thursday, July 16, 2015 .
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