Falana justifies search on Dasuki’s residence, faults passport’s seizure

Human rights activist, Mr. Femi Falana (SAN), yesterday justified the search carried out by the Department of State Services (DSS) on the Abuja residence of the former National Security Adviser, Col. Sambo Dasuki (rtd). Falana, in a statement, stated that the security agency did not breach any law in carrying out the operations. Operatives of the DSS last Thursday executed a search warrant on Dasuki’s residence in Abuja, which was initially resisted by the former NSA.

At the end of the operations that lasted for 10 hours, bullet proof vehicles, assorted weapons and other “incriminating items” were recovered from Dasuki’s residence. Falana noted that the fundamental rights to personal liberty and privacy of the home of every Nigerian citizen are constitutionally guaranteed, but that such rights are not absolute. He said the fundamental rights may be breached in accordance with a procedure permitted by law.

According to him, 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. His words: “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. “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!” Falana, however, faulted the seizure of Dasuki’s passport. He called for the release of the passport. He said: “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.”