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.
