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Femi Falana (SAN), popular Nigerian Human Rights lawyer has backed the Department of State Services, DSS, search of former National Security Adviser, Col. Sambo Dasuki's residence last Thursday.
According to VANGUARD, Falana in a statement on Sunday, said the search was legal as the DSS had obtained a search warrant issued by a Magistrate.
Falana said, “The fundamental rights to personal liberty and privacy of the home of every Nigerian citizen are constitutionally guaranteed. 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 however, said the DSS had no right to seize Dasuki's passports.
''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'', Falana said.
Also, according to PUNCH, Lagos lawyer, Festus Keyamo speaking on plans by the DSS to freeze Dasuki's account said, ''You cannot freeze the account of anybody without a court order. It cannot be done by executive fiat''.
According to VANGUARD, Falana in a statement on Sunday, said the search was legal as the DSS had obtained a search warrant issued by a Magistrate.
Falana said, “The fundamental rights to personal liberty and privacy of the home of every Nigerian citizen are constitutionally guaranteed. 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 however, said the DSS had no right to seize Dasuki's passports.
''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'', Falana said.
Also, according to PUNCH, Lagos lawyer, Festus Keyamo speaking on plans by the DSS to freeze Dasuki's account said, ''You cannot freeze the account of anybody without a court order. It cannot be done by executive fiat''.
