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By Oscar Okhifo, Abuja
The Nigerian Bar Association (NBA) has condemned the decision of a Kano Magistrate Court ordering two TikTok content creators, Idris “Mai Wushirya” and Basira Yar Guda, to marry each other within 60 days, describing the order as unconstitutional and an abuse of judicial power.
The controversial directive, issued by Magistrate Halima Wali, followed the duo’s arraignment over a viral video in which they were seen hugging and displaying affection. The video, deemed “immoral” by the Kano State Hisbah Board and the Kano State Films and Video Censorship Board, prompted the court to instruct both agencies to arrange and supervise the marriage.
Reacting on Tuesday, the Nigerian Bar Association faulted the court’s decision, stating that it violates the fundamental rights of the individuals involved.
The association said the order “reflects a grave misunderstanding of the limits of judicial authority under the Nigerian Constitution.”
“Marriage is a voluntary union; it cannot be ordered by any court,” the NBA’s National Publicity Secretary, Akorede Habeeb Lawal, said in a statement.
“The directive of the Kano Magistrate Court violates the fundamental rights to dignity, liberty, and privacy of the affected individuals. This is a clear abuse of judicial authority and an affront to the Constitution of the Federal Republic of Nigeria.”
The NBA called for an immediate review of the ruling, urging the Kano State judiciary to investigate the conduct of the magistrate to prevent a recurrence of such abuse of power.
It also directed its Citizens’ Liberties Committee and Women’s Forum to monitor the case and ensure that justice is upheld.
While arranged marriages are not uncommon in parts of Northern Nigeria, the NBA and many social commentators have argued that a court-imposed marriage is an entirely different and dangerous precedent.
Observers have questioned what could become of such a forced union, particularly where mutual affection does not exist between the parties.
“What if they are not in love? What will become of such a forced union? This is not justice. it’s social control,” a civil society group queried on X (formerly Twitter).
Aisha Yusufu, also criticized the ruling, describing it as “judicial overreach and moral policing.” She said, “The court is meant to interpret the law, not enforce morality by force of marriage.”
Similarly, Dr. Bala Ibrahim, a lecturer in Islamic Studies at Bayero University Kano, noted that while arranged marriages are part of local culture, they are done with family consent not by judicial coercion.
“Even in the North where arranged marriages are common, they are done with family consent, not court coercion. You can’t legislate love or impose companionship,” he said.
Legal analysts and rights groups have also expressed outrage over the ruling, describing it as a blow to personal freedom and a distortion of judicial responsibility. Many argue that while moral and cultural values remain important, they must not override constitutional protections or the right of citizens to choose their life partners freely.
The case has since drawn nationwide attention, sparking debate over the place of morality and religion in Nigeria’s judicial system, especially in states where Sharia-influenced laws operate alongside the national legal framework.
As of press time, efforts were still ongoing to contact the families of the two TikTokers, while the defendants too are yet to publicly react to the controversial order.