₦airaland Forum

NO COURT CAN COMPEL TWO PERSONS TO MARRY

The Nigerian Bar Association (NBA) notes with serious concern reports of a Margistrate court in Kano allegedly ordering 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.

This development, reflects 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. No court has the power to compel any person to marry another persons 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.

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 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.

We therefore call for an immediate review of this decision by Magistrate Halima Wali and urge the relevant judicial authorities to take steps to prevent a recurrence of such unconstitutional orders. The NBA Citizens’ Liberties Committee and Women’s Forum are hereby directed 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.

Mazi Afam Osigwe, SAN
President, Nigerian Bar Association

https://x.com/NigBarAssoc/status/1980658150693834996?s=19

Previous Thread:
https://www.nairaland.com/8544064/court-ordered-two-content-creators

Hmmmn

Fifteen more characters needed


NBA seems to lose its voice when minors are married off. They should rest abeg.

What useless constitution? What's the point of a constitution when there are no institutions to actually enforce the content.

The same constitution that allows some states to have "sharia law" that goes against every element of sanity.

Na ment abi wetin sef?

Nnmm

Quota system judge.



Don't doubt it. Many APC miscreants will still justify this. They defend anything bad and even presents it as the best thing that can happen to anyone.

iLoveYouToo:
Hmmmn

Fifteen more characters needed

If Hisbah don decide, leave them. Na dem get Nigeria. If Helinues doesn't have issues with it, who am I ?

Wahala for dead body.... Shey court don dey order by force marriage union

Better, what kind of law is that. Mtweeew

Me Marry motayoayinde, I go drink sniper

Good for the guy


Their governor can even assist him to marge them to the free 2000 hausa mens weeding .




I wish them best of life and happy marriage.

Make the guy just manage hm duaf peacefully

creolehunt:
What useless constitution? What's the point of a constitution when there are no institutions to actually enforce the content.

The same constitution that allows some states to have "sharia law" that goes against every element of sanity.

we have two countries in one
funny enough, this is what kanu was preaching,
before Nigerians realize that jihadists have them surrounded, both in government and in their bushes, it will be too late

for now, let the fools from the land of hate keep praising their oppressors on the alter of tribalism and religious bigotry..

all of us dey here

Islam is not compatible with democracy, human rights or international law. They only scream human rights when they seek to take advantage of a system that is working for all but when they take power they change to sharia

seunoyeleyep:
Quota system judge.



Don't doubt it. Many APC miscreants will still justify this. They defend anything bad and even presents it as the best thing that can happen to anyone.

Try get small sense na! What has APC got to do with a miscarriage of judgement by a magistrate! . FYI, judicial officers are not appointed by government but by the NJC

The judiciary keep disappointing the country...na by force to marry..he even gave them 60 days as if he provided them with funds to get married and money to sustain the marriage...when u thought u have seen enough stupidity in this country another one pops up damn

Our courts are now synonymous with markets like Jankara, kontangua, mandlias etc

Make any court no force me marry Dangote daughter oo

They should stop speaking big grammar and seize some licenses make we hia word.

Abi no be person inside the court wey suppose know better pass the judgement?

Awón òní yéyé

Northern Nigeria has always been a joke anyway.
Those guys are just too backwards

What a shame!

Shariah law does not go against every element of sanity. Watch your words

creolehunt:
What useless constitution? What's the point of a constitution when there are no institutions to actually enforce the content.

The same constitution that allows some states to have "sharia law" that goes against every element of sanity.

I’m lost here

Any Good Samaritan can summarize what led to this or what’s happening here?
Why are they forcing them to marry?

The northerners are really backward.

How can we even be in same country with these people.

Forced marriage is against the law

Nigeria is a kind country where different rules are applied to different people.

Applied to different zones, regions, states and different ethnic groups.

What many Nigerians can do and get away with it, IGBOMAN can't do it and get away.

LuverBoi16:
Shariah law does not go against every element of sanity. Watch your words

You can't behead him/her online, let the person exercise freedom of speech even as a non-muuzlimm.

Omoawoke:
I’m lost here

Any Good Samaritan can summarize what led to this or what’s happening here?
Why are they forcing them to marry?

I think they acted a skit together and the sharia police found their acts morally offensive. Hence, they got a judgement for them to be forcefully married.

The northern elites need to do better. It is same people that conduct mass weddings as some form of empowerment. All these, in this century!

LuverBoi16:
Shariah law does not go against every element of sanity. Watch your words

it does except for someone like you.
There's no sanity in that bloody law.

Compelling?

Really? Interesting...

teepain:
I think they acted a skit together and the sharia police found their acts morally offensive. Hence, they got a judgement for them to be forcefully married.

The northern elites need to do better. It is same people that conduct mass weddings as some form of empowerment. All these, in this century!

mass what?! In this same country, damn! Crazy things are happening up north, weirdo.

There are at least four laws operating here in Nigeria. One for the North and another one for the South. There’s one for the poor and the other for the rich.

Michaelajah:
mass what?! In this same country, damn! Crazy things are happening up north, weirdo.

Yea, mass wedding. Their politicians gather financially incapable youngmen and sponsor their mass weddings from time to time. You can google about it.