Furthermore, the search warrants purportedly produced by the Defendant as the
basis of the search of the Applicant’s house is neither certified as to determine its
authenticity and the usual procedure required by law for the execution of such
warrant was not complied with.
There is no prima facie evidence that the search warrant was signed by the
Applicant as required by law, even though the list of items recovered were
purportedly endorsed.
Accordingly, itis our considered view that the search warrant was an afterthought
aimed
at perverting the course
of justice. In this regard the search of the
Applicants premises both at Abuja and Sokoto, Nigeria and the seizure of his
personal properties listed is
illegal, not having been carried out in accordance
with law. Consequently, the privacy, right to family life, integrity and to own
property of the Applicant was violated.
For the avoidance of doubt any person who have violated the criminal laws of a
State especially the ones impeding the development of the State and destruction
of its Common Wealth are liable to be tried and if found guilty should face the
consequences of their action(s).
However, in doing so, States must respect all International obligations with
regard to due process and respect for fundamental rights of the suspects. Failure
to do so will impute responsibility to the State regarding such violations of rights
while leaving intact their right to prosecute and punish offences against their
criminal laws.
DECISIONS
49
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