Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has urged the governments of Nigeria and Ghana to institute legal proceedings against South Africa at the African Court on Human and Peoples’ Rights over recurring xenophobic attacks against African migrants. In a statement issued on Sunday, Falana argued that taking the matter before the […]
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has urged the governments of Nigeria and Ghana to institute legal proceedings against South Africa at the African Court on Human and Peoples’ Rights over recurring xenophobic attacks against African migrants.
In a statement issued on Sunday, Falana argued that taking the matter before the African Union would not secure justice for those affected, stressing that only the African Court has the legal authority to order compensation and other appropriate remedies for victims.
He described the decision by both countries to petition the African Union as a misplaced approach, insisting that the continental body lacks the power to compel South Africa to pay damages to those who suffered losses.
Falana’s remarks followed reports that the South African government rejected Nigeria’s request for compensation for citizens who fled the country after renewed attacks forced them to abandon their businesses, investments and other valuables.
He recalled that the Nigerian government had previously announced plans to pursue compensation for victims, while Acting Nigerian High Commissioner to South Africa, Alexander Ajayi, revealed that officials were compiling records of abandoned businesses and properties to strengthen discussions with the South African authorities.
The senior lawyer, however, faulted Pretoria’s reported refusal to compensate the affected Nigerians, describing the stance as lacking compassion.
According to Falana, South African officials defended their position by claiming that many of the migrants targeted during the attacks were living in the country without legal documentation. He noted, however, that those allegations have been challenged by the victims.
He therefore called on Nigeria, Ghana and other African nations whose citizens have been attacked or killed during the violence to file a case before the African Court on Human and Peoples’ Rights, headquartered in Arusha, Tanzania.
Falana urged the countries to seek interim orders from the court to prevent further attacks while also requesting aggravated damages against the South African government.
He maintained that the forced expulsion of African migrants contravenes Article 12 of the African Charter on Human and Peoples’ Rights, which prohibits the collective removal of non-citizens except through lawful procedures.
The senior advocate also took issue with comments credited to South African President Cyril Ramaphosa, who urged migrants to obey the country’s laws and customs, arguing that such remarks could be interpreted as encouraging the xenophobic attacks.
Drawing parallels with South Africa’s legal action against Israel at the International Court of Justice over the Gaza conflict, Falana said Pretoria should likewise be held responsible under Africa’s regional human rights framework for failing to protect foreign African nationals within its territory.
He further appealed to the Tinubu administration to recognise the jurisdiction of the African Court to entertain petitions from individuals and civil society organisations, noting that Nigeria has yet to make the declaration required under Article 34(6) of the court’s protocol.
Falana said making the declaration would allow victims of xenophobic violence and other human rights violations across the continent to seek justice and compensation before the court.
Nigeria and South Africa have repeatedly experienced diplomatic strains arising from xenophobic attacks over the years, with previous incidents leading to fatalities, destruction of businesses and the evacuation of hundreds of Nigerians from South Africa.