Search on Dasuki’s house legal, says Falana

Lagos lawyer, Femi Falana (SAN) has said that the search conducted on the residence of the former National Security Adviser, Col. Sambo Dasuki by officials of the State Security Services (SSS) last Thursday was legal and authorized by law.
Falana in a statement issued in Lagos Sunday however 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.
According to Falana, contrary to the information circulated in the media by the former NSA, his house was not illegally raided but lawfully searched pursuant to a warrant issued by a Magistrate.
“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 stated.
The lawyer recalled that a team of State Security Service (SSS) officials, armed with a search warrant, had attempted to execute the warrant on the private residence of Col. Sambo Dasuki Dasuki, in Abuja in the Federal Capital Territory.
He noted that the former NSA who was convinced that he did not deserve to have his house searched refused to allow the SSS officials access to his house for several hours adding that the search could not be conducted until the armed troops guiding the house were withdrawn by the Army Authorities.

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