The Nigerian Bar Association (NBA) has condemned an alleged order by a Magistrate Court in Kano State reportedly directing two social media content creators, Idris Mai Wushirya and Basira Yar Guda, to marry each other within 60 days.
The court directive reportedly followed a case against the duo over the circulation of a video deemed “indecent” by state authorities.
The content, which went viral on TikTok and other platforms, featured affectionate scenes between the two influencers.
The Kano State Films and Video Censorship Board claimed the video violated public morality and religious codes governing conduct in the state.
Magistrate Halima Wali reportedly handed down the marriage directive on Monday after arraigning the pair on charges relating to the production and distribution of obscene content online.
Reacting to the development, NBA President Afam Osigwe described the court order as 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.”
Osigwe noted that no court has the power to compel any person to marry another person or two persons to mandatorily marry, adding: “It is indeed unconstitutional and therefore unlawful for any court to purport to have power to make such an order.”
He added that such an order would constitute a violation of several fundamental rights guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“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.
“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 alleged order, according to the NBA president, is an example of judicial overreach that not only infringes on personal freedoms but also could undermine public trust in the legal system.
“The courts must remain the bastion of justice and protectors of constitutional rights, not instruments for enforcing social conformity or moral compulsion,” Osigwe added.
The NBA then called for an immediate review of this decision by Magistrate Halima Wali and urged the relevant judicial authorities to take steps to prevent a recurrence of such unconstitutional orders.
It also directed the NBA Citizens’ Liberties Committee and Women’s Forum to monitor the situation to ensure that the rule of law prevails.
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