A Nigerian lawyer, Oluwasegun Ojemuyiwa, has expressed displeasure with the way a search warrant on the House of the former National Security Adviser (NSA), Sambo Dasuki, was executed.
Giving his opinion on Tuesday on the search that was conducted by the Department of State Services (DSS) last week, Mr Ojemuyiwa said it was a violation of Mr Dasuki’s right to dignity and movement.
The DSS said it conducted the search of the immediate past NSA’s house based on “credible intelligence, linking him with alleged plans to commit treasonable felony against the Nigerian State”.
He stressed that the agency had the right to conduct a search of any house that they felt had implicating materials but also stated that it must do that with best practices and standard in mind.
“The claims that he wanted to commit treasonable felony is just an allegation and that does not mean he has that intention. All things are lawful but not expedient.
“The person who is in charge of the place you want to search must have to see the search warrant and must be given the opportunity to accompany them in the search.
“It is not impossible that somebody claiming to be a security agent could come to your premises and plant an evidence,” he said.
He further explained that he had gathered from reports that the security agency had claimed that they were authorised to search the house for incriminating objects, a statement he said showed that a conclusion had been reached before the search began.
“When you want to execute a search warrant in my own opinion, you don’t say you want to come to my house to come and look for incriminating materials, because if you come into my house you may find an acid. The fact that you find an acid in my house does not mean I have the intention to commit a crime with it.
“The search was conducted with too much force that was unnecessary. Coming to my house with two trucks full of security operatives is very intimidating and in a democratic era, such things should be discouraged.
“The Nigerian constitution guarantees a right to dignity and you don’t approach someone as a criminal before you prove that he is a criminal,” he stressed.
Mr Ojemuyiwa further stated that the former NSA was not given enough time to be debriefed and hand over items that belong to the state after his service as the Security Adviser.
“He left office on a Tuesday, you obtained a search warrant on Wednesday and go for a search on Thursday.
“What the DSS did was legal but there was an unnecessary siege which does not meet best practices,” he emphasised.
