The Nigerian Bar Association (NBA) has expressed serious concern over reports that a Magistrate Court in Kano allegedly ordered 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.
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In a statement issued by the NBA President, Mazi Afam Osigwe, SAN, the Association described the reported order as a grave misunderstanding of judicial limits under the Nigerian Constitution and an affront to the fundamental rights of the individuals concerned.
“No court has the power to compel any person to marry another person, or two persons to mandatorily marry. It is indeed unconstitutional and therefore unlawful for any court to purport to have power to make such an order,” Osigwe said.
He stressed that marriage, by its very nature, is a voluntary union between consenting adults and cannot, under any circumstance, be imposed as a form of punishment, moral correction, or judicial remedy.
According to him, any attempt by a court to compel marriage violates the rights to personal liberty, human dignity, 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,” the statement added.
Osigwe called for an immediate review of the decision by Magistrate Halima Wali and urged the relevant judicial authorities to ensure such unconstitutional orders do not recur.
He also directed the NBA Citizens’ Liberties Committee and the NBA Women’s Forum 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,” the NBA President declared.
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