Sections
143,144 &
146 of the Administration of Criminal Justice Act of the
Defendants Statutes expressly states how a Search Warrant should be issued and
executed.
Section 37 of the 1999 Constitution (As Amended) provides for the right to
privacy which is why whenever a constitutional or statutory right of a citizen is
to be derogated from, maximum care must be taken to ensure that derogation is
for good cause and every provision relating to such derogation must be complied
with.
The Applicant contend that the Defendants and its Agents conducted an unlawful
search upon his premises in that same was done without a Search Warrant. It falls
on the Defendant to satisfy this Court that the search was under the authority of
a duly executed Search Warrant.
The Defendants attached a copy of search warrant as an annexure to their defense.
In their oral testimony stated that they went to the Applicant’s premises with a
duly signed Search Warrant, but effort to serve the Search Warrant was resisted
by the Soldiers, as they claimed they could not access the Applicant because
according to them he was upstairs.
They contacted their office who in liaison with the Military authority advised the
soldiers to allow them access as they were there legally. The said copy of the
Search Warrant is not certified. Consequent upon this, a minimal weight will be
attached to it. A Search Warrant should be served on the person to be searched.
In this case there is no evidence that it was so served.
Although the Applicant signed the list of recovered items seized from his
residence, this does not validate the process
Defendant.
Similarly,
the
purported
warrant
adopted by the Agents
was
not
certified,
of the
thus
its
authenticity is questionable
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