Ganduje’s ’S Proposed Hisbah Agency: A Constitutional Aberration, Usurpation Of Executive Authority, And Threat To Kano’s Stability
By Hamza N. Dantani Esq
As a human rights activist and constitutional lawyer who has closely observed the political dynamics in Kano State, I was deeply shocked to learn that former Governor Abdullahi Umar Ganduje intends to establish an “independent Hisbah agency” for the 12,000 officers recently dismissed by the state government. This proposal is not only troubling but also a constitutional aberration.
To begin with, Ganduje has no executive authority under Nigerian law. Section 176(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) is unequivocal: the Governor shall be the Chief Executive of a State. Today, the only individual who holds that constitutional office in Kano is Governor Abba Kabir Yusuf. 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.
Kano State already has a Hisbah Board established under State law and fully subject to the authority of the democratically elected government of Governor Abba Kabir Yusuf. Suppose the former governor has any reforms or suggestions to offer. In that case, constitutional procedure requires him to submit such proposals to the sitting governor or the State House of Assembly, not to create a parallel enforcement outfit operating outside government control unilaterally.
Beyond constitutional correctness, this issue raises several grave legal and security concerns:
1. Constitutional Allocation of Security Powers: The 1999 Constitution places all policing and security matters under the Exclusive Legislative List (Section 4 and Part I, Second Schedule). Only the Federal Government may establish police or paramilitary agencies. While States may create administrative or cultural/religious bodies such as Hisbah, these entities must operate strictly under state authority. A private individual establishing a large, enforcement-like body is therefore unconstitutional.
2. The Kano State Hisbah Law: Kano State already has a legally recognized Hisbah Board. Only the sitting governor and the State legislature can create, amend, or restructure such a body. A former governor, without mandate, authority, or constitutional backing, cannot arrogate that power to himself.
3. Risk of Establishing a Private Militia: Section 227 of the 1999 Constitution expressly prohibits: “the maintenance of any private army, militia, or similar organisation.” In today’s Nigeria, where non-state actors are increasingly emboldened, Ganduje’s proposal bears the unmistakable features of a private militia, especially given the scale (12,000 personnel) and the quasi-security functions envisioned. Such a move is constitutionally forbidden and dangerous, posing risks not only to Kano State but to national stability.
4. A Political Power Play Disguised as Religious Advocacy: This proposal is far more political than it appears. Establishing a parallel Hisbah during the tenure of a political rival is an overt challenge to the legitimacy of the current administration. It is a political maneuver dressed as a social or religious intervention.
5. Accountability and Legitimacy Concerns: If this proposed outfit is not a government agency, then critical questions arise: What legal mandate will it operate under? Who will regulate or supervise its activities? Who will be accountable for misconduct or rights violations? A body wielding enforcement powers without legal oversight is an invitation to abuse and confusion.
Abdullahi Ganduje must not undermine the valid, constitutional authority of Governor Abba Kabir Yusuf. An “independent” agency performing moral-policing or enforcement functions outside the state’s legal framework is incompatible with the rule of law and threatens the peace and stability of Kano State. He is no longer the governor and should not act as one.
His proposal risks throwing Kano into confusion, disorder, and potential anarchy. The people of Kano State entrusted Governor Abba Kabir Yusuf with the mandate to lead and protect them. Ganduje must resist the temptation to take politics too far and destabilize the state through an unconstitutional and unlawful initiative.
Wisdom and respect for constitutional order must prevail. Ganduje should abandon this dangerous idea in the interest of peace, legality, and democratic governance.
Hamza N. Dantani Esq, is a Human Rights Activist and constitutional Lawyer.