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.
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house were withdrawn by the Army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. http://www.vanguardngr.com/2015/07/dss-search-on-dasukis-home-legal-says-falana/

In his own narration of his contemptuous action, the former National Security Adviser admitted that :
“The SSS operatives came in two trucks with
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.

so why are the wailing wailers wailing?

There was a duly signed search warrant so whats the fuss?

In fact Sambo should be charged under Section 149 of the ACJ Act 2015 for daring to obstruct officials from carrying out the court order.

Nothing under the sun can be hidden forever, there will be no peace for the wicked.

.

Hmmm rule of law

Intelligent submission.

Its no surprise, can Eva go against Juan Peron. And FYI: The interpretation of law is like a maze, there is no one way to it. Don't be surprised if another law advocate comes up tomorrow with his own intepretation

The Chief Wailer, also known as Mr. Protection Seeker will not agree with Falana.

Dasuki was never arrested as wailed by the wailers. The DSS presented a valid search warrant and it was his refusal that prolonged the search and resulted in the reported seige.

I thought the argument was mostly about what was and was not found in the apartment. The things found are they enough to prosecute him? This is the main issue not the search.

midolian:

so why are the wailing wailers wailing?

the legendary protection seeker is coming with his garbage to counter Falana and you'll see how his minions will hail him.

Beremx:
the legendary protection seeker is coming with his garbage to counter Falana and you'll see how his minions will hail him.

Shut up you shameless... your obsession of barcanista will kill you soon

hinwazaka:
Its no surprise, can Eva go against Juan Peron. And FYI: The interpretation of law is like a maze, there is no one way to it. Don't be surprised if another law advocate comes up tomorrow with his own intepretation

Mr know all, which other interpretation could be attached to a law as simple and straightforward as this, biko? Dasuki himself said the SSS came with search warrant from a magistrate court. This warrant gives them the power to search for ilegal weapons and incriminating items.[By virtue of section 146 of Administration of Criminal Justice Act, 2015, which states that "the residence of any citizen can be searched with a warrant duly signed by a Judge,Magistrate or Justice of the Peace."]..Abeg wetin dey hard to understand here? Why are you still waiting for some1 to attach anoda meaning to this? Are you dat dumb? No offence sir

Na today I begin dey see ya posts, but ya matter don tire me already. Ya case is the worst in the wailing team

ApcSucks:



Shut up you shameless... your obsession of barcanista will kill you soon

...and your obsession towards me will give you untimely death.

ApcSucks:



Shut up you shameless... your obsession of barcanista will kill you soon

Falana is a member of APC...

midolian:

so why are the wailing wailers wailing?

What else can they do besides that?? Here's a legal luminary speaking and some rabid ignoramus with access to the internet would sit behind some superanuated electronic device to type trash.

Sai Buhari jor!

barcanista:
Falana is a member of APC...

We know

omenka:
What else can they do besides that?? Here's a legal luminary speaking and some rabid ignoramus with access to the internet would sit behind some superanuated electronic device to type trash.

Sai Buhari jor!

we are waiting for them to counter Falana.

Ndi ara!

PassingShot:
The Chief Wailer, also known as Mr. Protection Seeker will not agree with Falana.

Dasuki was never arrested as wailed by the wailers. The DSS presented a valid search warrant and it was his refusal that prolonged the search and resulted in the reported seige.

Na wa oo!!!

I hope incriminating evidences were not destroyed by Dasuki during the many hours he resisted the execution of a valid search.

midolian:
Mr know all, which other interpretation could be attached to a law as simple and straightforward as this, biko? Dasuki himself said the SSS came with search warrant from a magistrate court. The warrant gave them the power to search for ilegal weapons and incriminating items, by virtue of section 146 of Administration of Criminal Justice Act, 2015, which states that "the residence of any citizen can be searched
with a warrant duly signed by a Judge,
Magistrate or Justice of the Peace."..Abeg wetin dey hard to understand here? Why are you still waiting for some1 to attach anoda meaning to this? Are you dat dumb? No offense

Na today I begin dey see ya posts, but ya matter don tire me already. Ya case is the worst in the wailing team

. Wait for the Ebun Adegboruwa's of this clime before rushing to hug Mr Falana. Law as I pointed out is a maze. The honey is in being able to argue and convince people on accepting your own interpretation. It may not necessarily be the right one but the one which is accepted. And FYI: Mr Adesina's Wailing Wailers onomatopoeic jingle is highly overrated. The PDP have every right to point out mistakes in the policy direction of the ruling party. Also just so you know the PDP may not be the best we have been offered but it unfortunately is the best we have ever got

hinwazaka:
. Wait for the Ebun Adegboruwa's of this clime before rushing to hug Mr Falana. Law as I pointed out is a maze. The honey is in being able to argue and convince people on accepting your own interpretation. It may not necessarily be the right one but the one which is accepted. And FYI: Mr Adesina's Wailing Wailers onomatopoeic jingle is highly overrated. The PDP have every right to point out mistakes in the policy direction of the ruling party. Also just so you know the PDP may not be the best we have been offered but it unfortunately is the best we have ever got

No one is saying u shouldn't criticize a govt. In fact, its good for every government. But your criticism must be constructive so as to keep the govt on its toes. Unlike what you jst tried to do. This is a clear thing buh u are still trying to twist it. Why na?

you claim not to be partisan but ya posts give you away. You ld hav bn making sense if truely u arnt. The fact that ya friend told you Buhari's regime in the 80's was tough for him doesn't mean you should rubbish/criticize every move of his present administration. I took time to read ya posts but to be frank, they are one-sided. You wld do beta without unnecessary sentiments attached to the umbrella. #peace

I have been wondering,what if no single thing was found in Dasuki's house?

What will have been the reaction of Jonathan's sore losers apologists reaction by now?

What if a warrant wasn't signed?

By the way,Dasuki ought to be cooling his heels inside the DSS cell for refusing to be search.

He is not bigger than the law.

eph12:
I thought the argument was mostly about what was and was not found in the apartment. The things found are they enough to prosecute him? This is the main issue not the search.

The BIGGEST wailing was the search .

themilanway:
I have been wondering,what if no single thing was found in Dasuki's house?

What will have been the reaction of Jonathan's sore losers apologists reaction by now?

What if a warrant wasn't signed?

By the way,Dasuki ought to be cooling his heels inside the DSS cell for refusing to be search.

He is not bigger than the law.

GBAM! This is because anything could hav happened during the moment he bought by means of resisting the DSS.(like destroying of incriminating evidences). Jst as stOla stated earlier.

barcanista:
Falana is a member of APC...

but he quotes the law verbatim as written in the constitution. Forget the messenger and read the message

StOla:
I hope incriminating evidences were not destroyed by Dasuki during the many hours he resisted the execution of a valid search.

same as I hope.

barcanista:
Falana is a member of APC...

And does that make his points invalid? I hope u read the Dasuki's part too, where he said they came with a search warrant from the magistrate court.

Dasuki must be APC too

Beremx:
the legendary protection seeker is coming with his garbage to counter Falana and you'll see how his minions will hail him.

Mumu, no one is saying the DSS has no right to search the home of the former NSA, if it is in line with the law,,, we are fine.. however I want your ret.rded brain to know that all these action of the DSS is simply to generate some sensational headlines/news for nomads like you to cherish.

themilanway:
I have been wondering,what if no single thing was found in Dasuki's house?

What will have been the reaction of Jonathan's sore losers apologists reaction by now?

What if a warrant wasn't signed?

By the way,Dasuki ought to be cooling his heels inside the DSS cell for refusing to be search.

He is not bigger than the law.

Mufu what were the things found in his apartment. If not the delusions you choose to swallow in order to cheer your poor self.

StOla:
I hope incriminating evidences were not destroyed by Dasuki during the many hours he resisted the execution of a valid search.

Mufu what incriminating evidence are you talking about... Incriminating evidence of buhari's covert support for his fellow boko haram brothers, hence his deafening silence on their activities. Wake up bro!