A constitutional lawyer and human rights activist, Hamza N. Dantani, has described the reported plan by former Kano State Governor, Abdullahi Umar Ganduje, to establish an “independent Hisbah agency’’ for the 12,000 dismissed Hisbah personnel as a clear violation of the Nigerian Constitution and a dangerous affront to the authority of the sitting government.

According to the lawyer in a statement he personally signed on Wednesday, the proposal amounts to “a constitutional aberration” and represents an attempt to usurp powers that the 1999 Constitution reserves strictly for a sitting governor.

Dantani said he was “deeply shocked’’ by what he called an attempt by the former governor to create a parallel enforcement structure outside the control of the democratically elected government of Governor Abba Kabir Yusuf.

He noted that, “Section 176(2) of the Constitution is explicit that the Governor shall be the Chief Executive of a State. Abdullahi Ganduje no longer occupies that office and therefore cannot exercise executive powers.”

The lawyer stressed that the Constitution does not provide former governors with any authority to set up bodies capable of influencing public order or altering a state’s administrative system.

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He explained that Kano already has a legally established Hisbah Board that operates under the authority of the state government, adding that any reforms or proposals should be directed to the sitting governor or the State House of Assembly.

Dantani warned that the plan raises serious constitutional and security concerns. He pointed out that policing and security matters fall under the Exclusive Legislative List, which gives only the Federal Government the power to establish police or paramilitary bodies.

“States may create religious or cultural agencies such as Hisbah, but they must function under government control. A private individual has no constitutional right to establish an enforcement-like outfit,” he said.

He further argued that any attempt by Ganduje to mobilise the dismissed personnel into a new agency could amount to forming a private militia, which is expressly prohibited under Section 227 of the Constitution.

He cautioned that “such a move is dangerous and has the unmistakable features of a private militia, especially considering the number of personnel involved.”

Describing the move as politically motivated, Dantani said establishing a parallel Hisbah structure at a time when Ganduje’s political opponent is in office amounts to “a direct challenge to the legitimacy of the current administration.”

He added that no one would be able to hold such a body accountable for misconduct, human rights abuses or operational excesses.

According to him, “An independent enforcement outfit outside the state’s legal framework is incompatible with the rule of law and threatens the peace and stability of Kano State. Ganduje is no longer the governor and should not act as one.”

He warned that the proposal could throw Kano into confusion and disorder if allowed to stand, insisting that the mandate to administer and protect the state lies exclusively with Governor Abba Kabir Yusuf.

Dantani urged the former governor to abandon what he called a dangerous, unlawful and unconstitutional idea, saying, “Wisdom and respect for constitutional order must prevail.”