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armed troops guiding the house were withdrawn by the Army Authorities.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.
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