A public display of affection between former Kaduna State Governor, Nasir El-Rufai, and his wife at the Federal High Court in Abuja has generated debate over whether a Muslim husband kissing his wife in public amounts to an offence under Sharia law. The moment came on the same day the court ruled that El-Rufai must enter his defence in his trial over the alleged interception of telephone communications involving the National Security Adviser, Nuhu Ribadu.
![](https://thenigerialawyer.com/wp-content/uploads/2026/09/2026-IDRI-Masterclass.png")
A video circulating online on Monday showed El-Rufai embracing and kissing his wife after arriving at the Federal High Court in Abuja for proceedings in his ongoing criminal trial. The clip quickly drew reactions on social media. Some users celebrated the couple’s affection, while others questioned whether such a public display was permissible under Sharia principles, particularly given his background as a former governor of Kaduna State.
The Legal Question Is Not As Simple As It Looks
The question is more complicated than whether Sharia law prohibits public kissing.
Jurisdiction comes first. The incident occurred in Abuja, within the Federal Capital Territory, and not in Kaduna, Kano or another state operating a separate Sharia penal code. A provision in the Sharia Penal Code of a northern state therefore cannot automatically apply to conduct in Abuja merely because the person involved is a Muslim or once governed a state where Sharia institutions operate. Some northern states have provisions on public kissing under offences relating to indecency or public morality, but the wording and application differ from one jurisdiction to another.
What the Kaduna committee said. The issue is particularly relevant in El-Rufai’s case because a historical Kaduna State committee charged with harmonising a draft Sharia Penal Code expressly considered public kissing between spouses. In its report on Section 137 of the draft code, the committee stated: “The provision of this section does not cover kissing in public of man and a woman who are husband and wife.” It went further to observe that the provision should not necessarily cover people whose cultures permit certain forms of public kissing, particularly kissing relatives on the cheek.
That statement is not a court judgment on El-Rufai’s conduct, and a drafting committee report does not by itself settle the interpretation of every Sharia penal provision currently in force. It does show, however, that those reviewing Kaduna’s proposed Sharia criminal provisions expressly distinguished spousal kissing in public from the conduct the provision sought to prohibit.
The Penal Code. The wider northern penal-law framework has historically dealt with obscene or indecent conduct in public places. Section 200 of the Penal Code provides that a person who, “to the annoyance of others,” commits an obscene or indecent act in a public place may face imprisonment, a fine or both. The wording does not state that every kiss between spouses is automatically an offence. Questions would still arise over whether the conduct was legally obscene or indecent, and whether the ingredients of the offence, including annoyance to others, were established.
Religious opinion versus criminal liability. Some conservative Islamic opinions discourage spouses from intimate displays in front of others and regard such behaviour as more appropriate in private. Such opinions are not, without more, proof of a criminal offence under any applicable Nigerian law.
Hisbah precedent. Hisbah authorities in northern Nigeria have previously become involved in controversies over public romantic displays. One prominent example involved two TikTok personalities in Kano whose romantic videos, including kissing, became the subject of court proceedings and Hisbah involvement. The pair were not husband and wife, which makes their circumstances materially different from a married man kissing his existing wife. There has been no established statement from Hisbah authorities declaring El-Rufai’s kiss an offence.
Conclusion on the legal position. Based solely on the circulating video, it would be legally inaccurate to state as established fact that El-Rufai violated Sharia criminal law. Some northern Sharia penal codes regulate public conduct considered indecent, but a Kaduna drafting committee stated that the public-kissing provision it reviewed did not cover a husband and wife. Any allegation of criminal conduct would also have to be assessed under the law applicable in the Federal Capital Territory.
The affectionate moment occurred as El-Rufai attended court for a far more serious matter. Justice Joyce Abdulmalik on Monday dismissed a no-case submission he filed in his trial over the alleged unlawful interception of telephone conversations involving Ribadu. She held that the prosecution had presented sufficient evidence to require him to enter his defence on the five-count amended charge. She ordered him to open his defence and adjourned proceedings until November 25, 2026.
El-Rufai filed the no-case submission after the State Security Service (SSS) closed its case following the testimony of two prosecution witnesses. His lawyers argued that the evidence was insufficient to establish a prima facie case. The prosecution, led by Oluwole Aladedoye, SAN, opposed the application and maintained that its oral and documentary evidence required the former governor to answer the allegations.
@thenigerialawyer“A Public Kiss Between Spouses Is Not Automatically A Sharia Offence” — El-Rufai’s Courtroom Moment Raises Jurisdiction Questions
The ruling is not a conviction or a finding that El-Rufai committed the alleged offences. It means only that the prosecution has presented enough evidence at this stage for him to be called upon to respond.
The charges arose from comments attributed to El-Rufai in an Arise Television interview in February 2026, in which he said “someone wiretapped” Ribadu’s telephone, allegedly enabling him to listen to a conversation about plans to arrest him. The SSS subsequently filed charges, and El-Rufai pleaded not guilty to the five-count amended charge.
At earlier hearings, the court viewed the recording of the interview. A prosecution witness, Adeyanju, told the court that although he did not hear El-Rufai expressly say he hacked Ribadu’s phone, he heard him say he had listened to the NSA’s conversations. Another prosecution witness testified that Ribadu confirmed the conversation referred to in the interview had taken place. The prosecution also relied on an exhibit it said contains an admission by El-Rufai. His counsel, led by Paul Erokoro, SAN, argued that none of this established a prima facie case.
The SSS closed its case on June 23, 2026, after calling two witnesses. On the same day, the court refused to vary El-Rufai’s bail conditions, which include a N100 million bail sum and a requirement that he deposit his international passports with the court and travel only with its permission.
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
