The Nigerian Bar Association (NBA) has criticized a Kano Magistrate Court for reportedly ordering two TikTok content creators to marry within 60 days, describing the decision as a gross violation of individual rights and a fundamental misunderstanding of judicial power.
The couple, identified as Idris Mai Wushirya and Basira Yar Guda, had been arraigned following a viral video deemed “indecent” by complainants.
In a controversial twist, the magistrate reportedly ruled that the duo must wed within two months — a directive the NBA now says exceeds the limits of judicial authority.
NBA Condemns Ruling as Unconstitutional
In a strongly worded statement signed by its President, Mr. Yakubu Chonoko Maikyau (SAN), the NBA declared that no court has the legal or constitutional mandate to compel individuals to marry.
The association noted that such an order infringes on rights guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (as amended), including the right to dignity, privacy, and freedom of association.
“Marriage is a voluntary union and cannot be imposed by judicial fiat. Any such order, whether direct or implied, is not only unconstitutional but also morally indefensible,” the statement read.
The NBA further described the magistrate’s decision as a misuse of judicial discretion and an affront to the fundamental liberties that courts are meant to protect.
Human Rights Implications
Legal analysts warn that the ruling, if allowed to stand, could set a troubling precedent, where courts act as moral enforcers rather than impartial arbiters of justice.
“The judiciary must refrain from enforcing societal morality through coercive rulings,” the NBA warned. “Courts should safeguard liberties, not curtail them.”
The association has since mobilized its Human Rights Committee and Women’s Forum to follow the matter closely, with the possibility of challenging the ruling through appropriate legal channels.
Call for Judicial Oversight
The NBA urged the National Judicial Council (NJC) to review the conduct of the presiding magistrate and issue appropriate guidance to prevent future incidents of judicial overreach.
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“This situation demands urgent intervention to reaffirm the role of the judiciary as a protector of rights, not a violator,” the NBA concluded.
Background: The Viral Video and Arrest
The case stems from a viral video posted by the couple on TikTok, which some deemed inappropriate for public consumption. Following a complaint, the pair were arrested and charged.
However, instead of a conventional legal penalty or dismissal, the court reportedly ordered them to formalize their relationship through marriage — a directive that has sparked widespread public and legal criticism.
