The Department of State Sservice DSS, between friday night and saturday morning invaded the house of two Supreme Court Judges,ustices Walter Onnoghen and Sylvester Ngwuta,also two federal High Court Judges,Justice Adeniyi Ademola and Nnamdi Dimgba.
The DSS were said to invaded the house of the judicial officers around 1am before they eventually broke in around 5am,The DSS were allegedly beat the brother of Justice Dimgba and also a close collegue confirmed that the DSS agents presented a search warrants of doubtful authenticity with incorrect names.
The reason for the invasion by the DSS were yet unknown and there could not be immediately reached.
It was also gathered that huge amount of money were discovered by the agents of DSS during the course of search and arrest.
It was also gathered that huge amount of money were discovered by the agents of DSS during the course of search and arrest.
First and foremost , it is very dishearthening that Judicial officers are treated in this manner in a democratic dispensation, the DSS has to be called to order,and educated on how best to effect arrest of common citizens not to talk of Judicial officers.It is totally unacceptable and we should all stand up against this.....it is a slap on our democracy.
This discussion shall be based on how search and how arrest should be made as provided for under the Criminal Justice System of Nigeria, no one is above the law and no one is allowed to be ridicled not even our judicial officers who protects the law of common citizens.
What is a Search?
A search is an examination of a person's body , vehicle, premises or any other vessels with the view to discovering illicit or stolen property or some evidence of guilt to be used in prosecution of a criminal action for some other crime or offence with which he is charged.A search is therefore , basic and fundamental to criminal investigation and prosecution.
Can DSS search the premises of the judicial officers and how?
According to section 78(1) of the Criminal Procedure Code search of a premises must be conducted in the presence of two respectable inhabitant of the neighbourhood summoned by the person to whom the search warrant is addressed.It is trite law that before a premises can be search a search warrant must be issued for that specific premises, these can be issued by a superior police officer, a judge, a magistrate or a justice of peace.
The DSS have the right to search the premises of these judicial officers but must do same according to the provision of the law, therefore DSS should substantiate this act of theirs.
Is evidence obtained in the course of unlawful execution of search admissible? i.e the foreign currencies recovered by DSS.
In KURUMA V. R the test applied in considering whether evidence is admissible is whether it is relevant to the matter in issues, If it is , it is admissible , and the court is not concerned with how the evidence is obtained,therefore , it it matters not how it you get it, if you steal it even ,it would be admissible in evidence.
Conclusively, the invasion of the house of the judicial officers is the height of lawlessness and should not be entertained in the modern day democracy, irrespective of the allegation levelled against the judicial officers due process must be followed.
We must protect the judiciary, its our collective resposibility.
If you find this educative, dont hesitate to leave a comment or ask question and share with your friends remember knowledge is power.
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Thank you.
Cremelawyer
What is a Search?
A search is an examination of a person's body , vehicle, premises or any other vessels with the view to discovering illicit or stolen property or some evidence of guilt to be used in prosecution of a criminal action for some other crime or offence with which he is charged.A search is therefore , basic and fundamental to criminal investigation and prosecution.
Can DSS search the premises of the judicial officers and how?
According to section 78(1) of the Criminal Procedure Code search of a premises must be conducted in the presence of two respectable inhabitant of the neighbourhood summoned by the person to whom the search warrant is addressed.It is trite law that before a premises can be search a search warrant must be issued for that specific premises, these can be issued by a superior police officer, a judge, a magistrate or a justice of peace.
The DSS have the right to search the premises of these judicial officers but must do same according to the provision of the law, therefore DSS should substantiate this act of theirs.
Is evidence obtained in the course of unlawful execution of search admissible? i.e the foreign currencies recovered by DSS.
In KURUMA V. R the test applied in considering whether evidence is admissible is whether it is relevant to the matter in issues, If it is , it is admissible , and the court is not concerned with how the evidence is obtained,therefore , it it matters not how it you get it, if you steal it even ,it would be admissible in evidence.
Conclusively, the invasion of the house of the judicial officers is the height of lawlessness and should not be entertained in the modern day democracy, irrespective of the allegation levelled against the judicial officers due process must be followed.
We must protect the judiciary, its our collective resposibility.
If you find this educative, dont hesitate to leave a comment or ask question and share with your friends remember knowledge is power.
ADD US ON BB: 5EEF80F5 IG:@ CREMELAWYER
Thank you.
Cremelawyer
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