Human rights lawyer, Femi Falana (SAN) has said that the former National Security Adviser, Col. Sambo Dasuki breached the law for refusing to allow officials of the Department of State Services, DSS “free and unhindered access” to search his residence for several hours last Thursday.

Femi Falana

Falana in a statement on Sunday, said contrary to reports, the search conducted on Dasuki’s residence house was was legal and authorized by law, since the DSS obtained and presented him with a search warrant issued by a Magistrate.

He said: “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 full statements

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.”

Last Thursday, a team of State Security Service (SSS) officials, armed with a search warrant, attempted to execute the warrant on the private  residence of Col. Sambo Dasuki Dasuki, in Abuja in the Federal Capital Territory. Convinced that he did not deserve to have his house searched Col Dasuki refused to allow the SSS  officials access to his house for several hours. The search could not be conducted until the armed troops guiding the house were withdrawn by the Army Authorities. In his own narration of his contemptuous action, the former National Security Adviser  admitted that :

“The SSS operatives came in two trucks with a search warrant from a Magistrate Court. The warrant gave them the power to search for ‘illegal weapons and any incriminating item.’ You can imagine what that is
supposed to mean.

“I left office on Tuesday and they got the warrant on Wednesday and executed it by 6pm on Thursday.

“From 6pm on Thursday, throughout the night till about 6am this morning  (Friday), they were searching my house looking for incriminating items.”

In a sharp reaction to Col Dasuki’s narration of what transpired in his  residence the SSS has confirmed that the search was conducted in strict  compliance with a search warrant duly endorsed by a Magistrate.

To prove that the search was not a witch hunt the SSS listed the items  recovered from the premises including seven high caliber rifles, (high  assault weapons), several magazines and military related gears, 12 new  vehicles, out of which five were  bullet proofs. Since Col Dasuki is presumed innocent until the contrary  is proved it is not fair to comment on the “incriminating items” found
and recovered from his house.

It is pertinent to point out that the law requires the owner or occupier of any house or apartment to  allow a search once a search warrant signed by the appropriate  authority is produced by law enforcement personnel. Without any legal basis whatsoever, 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.

Contrary to the misleading 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. Since we operate a  neo-colonial legal system which confers special privileges on people of  influence, Col Dasuki was treated with dignity in the circumstance.

In  other words, the SSS personnel would have executed the warrant, rather  forcefully, if the search involves the home of an “ordinary” citizen. Indeed, the special status extended to members of the ruling class has also  been demonstrated in the decision of the SSS to place the retired  Colonel under “house arrest” in a country where the flotsam and the  jetsam are regularly railroaded to jail even when they are not  associated with any “incriminating evidence”!

However,  it was reported that Col Dasuki’s passport was seized during the search
of his house. The SSS ought to be reminded of the case of the  Director-General, State Security Service v Olisa Agbakoba (1995) 3  N.W.L.R. (Pt 595) 314, wherein the Supreme Court held that the passport  of a Nigerian citizen could not be seized without due process.

It  would be recalled that the seizure of the passport of Alhaji Sanusi  Lamido Sanusi ( the current Emir of Kano) by the SSS under the Goodluck  Jonathan Administration was declared illegal and unconstitutional by the Federal High Court. In addition to the order for the immediate release of the passport the court awarded N50 million reparation to the then embattled Governor of the Central Bank of Nigeria.

Therefore, the SSS should return the passport of Col. Dasuki to him  forthwith unless its seizure has been authorized by a court of law.