A human rights activist and constitutional lawyer, Hamza N. Dantani, has condemned former Kano State Governor Abdullahi Umar Ganduje’s plan to establish an “independent Hisbah agency” for the 12,000 officers recently dismissed by the state government.
Dantani described the move as a constitutional aberration, a usurpation of executive authority, and a threat to public order.
In a statement issued on Wednesday, Dantani said he was “deeply shocked” by the reports that Ganduje intends to set up a parallel Hisbah structure outside the control of the Kano State Government, warning that the proposal violates the 1999 Constitution and could destabilise the state.
According to Dantani, Section 176(2) of the Nigerian Constitution is explicit that “the Governor shall be the Chief Executive of a State”, a role currently held by Governor Abba Kabir Yusuf.
“Ganduje has no executive authority under Nigerian law,” he stated.
“The Constitution does not assign any executive powers to former governors, nor does it permit them to establish bodies capable of influencing public order or altering the state’s administrative architecture.”
The lawyer stressed that Kano State already operates a legally constituted Hisbah Board under state law, fully under the authority of the elected government.
He noted that any proposal for reform must be directed to the governor or the State House of Assembly, not unilaterally implemented by a private citizen.
According to Dantanic, Ganduje’s move poses several constitutional and security risks, noting that security powers are exclusive to the Nigerian government.
He argued that the 1999 Constitution places all policing and security matters under the Exclusive Legislative List, meaning only the Federal Government may establish security or paramilitary bodies.
“While states may create religious or cultural institutions like Hisbah, these must operate strictly under state authority,” he said.
“A private individual establishing an enforcement-like body is unconstitutional.”
He further stated that Kano State has an existing Hisbah law, emphasising that only the sitting governor and the legislature can create, amend or restructure the Kano State Hisbah Board, and that Ganduje has no mandate to create a parallel entity.
Citing Section 227 of the Constitution, Dantani warned that the proposal mirrors the characteristics of a prohibited private militia.
“With 12,000 personnel and intended quasi-security functions, this outfit bears the unmistakable features of a private militia,” he cautioned. “Such a move is constitutionally forbidden and dangerous, posing risks to Kano and the nation.”
The lawyer also said that Ganduje’s proposal is a political motive disguised as religious advocacy.
He described the initiative as a political power play aimed at challenging the legitimacy of Governor Yusuf’s administration.
“Establishing a parallel Hisbah during the tenure of a political rival is an overt political manoeuvre dressed as religious intervention,” he noted.
Dantani queried the legality and supervision of the proposed agency.
“If it is not a government institution, under what law will it operate? Who regulates its actions? Who is accountable for abuses?” he asked, warning that an enforcement body without legal oversight invites chaos and human rights violations.
The lawyer said the proposal amounted to an attempt to undermine Governor Yusuf’s authority and could throw Kano State into “confusion, disorder, and potential anarchy.”
“He is no longer the governor and should not act as one,” Dantani stressed, adding, “An independent moral-policing or enforcement body outside the state’s legal framework is incompatible with the rule of law.”
He urged the former governor to abandon the idea “in the interest of peace, legality, and democratic governance.”
“Wisdom and respect for constitutional order must prevail,” he said.
