The Nigerian Bar Association ((NBA)) has condemned a ruling by a Kano magistrate court that ordered two popular TikTok content creators to marry each other within 60 days.
The controversial order stems from the arrest of Idris Mai Wushirya and Basira Yar Guda, by the Kano State Censorship Board after videos of them, which the board deemed “immoral and demeaning acts,” went viral on social media.
The board argued that the clips, which showed a shirtless Wushirya displaying affectionate behavior toward Yar Guda, violated state laws against obscene and sexually suggestive content.
Halima Wali, the magistrate, in her ruling on Monday, directed the Hisbah board to oversee the marriage process and warned that failure to comply within the 60-day period would amount to contempt of court.
In a statement issued via social media on Tuesday, reaction, Afam Osigwe, NBA president, lambasted the court’s directive as unconstitutional.
He maintained that marriage is a voluntary union that cannot be imposed by the state.
He described the decision as an “affront to fundamental rights” and a “grave misunderstanding of judicial authority”.
NO COURT CAN COMPEL TWO PERSONS TO MARRY
“No court can compel two persons to marry. The Nigerian Bar Association (NBA) notes with serious concern reports of a Margistrate court in Kano allegedly ordering two popular TikTok content creators, Idris Mai Wushirya and Basira Yar Guda, to formalise their relationship through marriage within 60 days following a case arising from the publication of an indecent video,” the statement reads.
“This development, reflects a grave misunderstanding of the limits of judicial authority under the Nigerian Constitution and constitutes an affront to the fundamental rights of the individuals concerned. No court has the power to compel any person to marry another persons or two persons to mandatorily marry.”
Osigwe argued that the ruling constitutes a serious judicial overreach that infringes on the citizens’ constitutional rights to personal liberty, dignity, and privacy.
The NBA called for an immediate review of the decision by Magistrate Halima Wali and urged judicial authorities to prevent a recurrence of such incidents, warning that such actions undermine public confidence in the judiciary.
“It is indeed unconstitutional and therefore unlawful for any court to purport to have power to make such an order. Marriage, by its very nature, is a voluntary union between consenting adults. It cannot, under any circumstance, be imposed as a form of punishment, moral correction, or judicial remedy,” the statement added.
“No court in Nigeria possesses the constitutional authority to compel two persons to marry, and any attempt to do so violates the rights to personal liberty, dignity of the human person, and privacy as guaranteed under the 1999 Constitution (as amended).
“The NBA stresses that such judicial overreach not only infringes on personal freedoms but also undermines public confidence in the judiciary. The courts must remain the bastion of justice and protectors of constitutional rights, not instruments for enforcing social conformity or moral compulsion.
“We therefore call for an immediate review of this decision by Magistrate Halima Wali and urge the relevant judicial authorities to take steps to prevent a recurrence of such unconstitutional orders. The NBA Citizens’ Liberties Committee and Women’s Forum are hereby directed to monitor the situation to ensure that the rule of law prevails.
“No person should ever be coerced, directly or indirectly, into marriage by any institution of state, including the courts.”
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