Constitutional cum human rights lawyer, Mr Femi Falana (SAN), has said that the grandstanding of ex-National Security Adviser (NSA), Col. Sambo Dasuki (rtd), who initially refused to allow officials of the Department of State Services (DSS) to enter and search his house for several hours on Thursday, was an an unlawful affront.
Falana who stated this in a statement issued on Sunday, said that, on the contrary, the action of the DSS operatives was legal and authorized by law, since the DSS obtained and presented him with a search warrant issued by a Magistrates’ Court.
According to him, since fundamental rights are not absolute, they may be breached in accordance with a procedure permitted by law.
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.”
It would be recalled that Dasuki in an interview with a national daily on Saturday took a swipe at the action of the DSS operatives after the siege on his house, and threatened to seek redress in court.