There’s been some debate over the legality or otherwise of the search conducted on the residence of the former National Security Adviser, Sambo Dasuki.
Joining the conversation, Lagos lawyer, Femi Falana (SAN), said in a statement on Sunday that the action of the DSS was legal and authorised by law.
Falana even argued that the fact that Col. Dasuki refused to give free and unhindered access to the DSS operatives was a breach of the law.
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.
Falana said that a lawful warrant was executed but Dasuki felt he was above the law and did not deserve to have his house searched and so 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his house for several hours adding that the search could not be conducted until the armed troops guiding the house were withdrawn by the Army Authorities.