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.
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