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 before the African Court on Human and Peoples’ Rights over the renewed xenophobic attacks on African migrants.
In a statement issued on Sunday, Falana argued that referring the matter to the African Union would be ineffective, insisting that only the African Court has the jurisdiction to order compensation and other remedies for victims.
“The decision of the Governments of Nigeria and Ghana to report South Africa to the African Union is completely diversionary and time-wasting,” he said.
“Both countries ought to have realised that the African Union lacks the competence to direct the Ramaphosa administration to pay compensation to the victims of xenophobic attacks.”
Falana’s comments followed reports that the South African government had rejected Nigeria’s request for compensation for citizens who fled the country after renewed xenophobic attacks forced them to abandon their businesses, investments and other properties.
He recalled that the Federal Government had announced plans to seek compensation for affected Nigerians, while the Acting Nigerian High Commissioner to South Africa, Alexander Ajayi, disclosed that authorities had begun documenting abandoned businesses and properties to facilitate discussions with the South African government.
Describing Pretoria’s reported refusal as “sheer insensitivity,” Falana said the decision was unjustifiable.
“Out of sheer insensitivity, the Cyril Ramaphosa administration has turned around to reject Nigeria’s request for compensation for its citizens who were forced to abandon their businesses and properties after fleeing renewed xenophobic attacks,” he said.
According to him, South African authorities justified their position by alleging that many of the affected migrants were residing in the country illegally, a claim he noted had been disputed by the victims.
Falana called on Nigeria, Ghana and other African countries whose citizens had been killed or attacked during the violence to jointly approach the African Court on Human and Peoples’ Rights in Arusha, Tanzania.
“I am compelled to call on Nigeria, Ghana and other African countries whose nationals have either been killed or brutalised in the xenophobic attacks to sue the South African Government at the African Court on Human and Peoples’ Rights in Arusha, Tanzania,” he said.
He urged the countries to seek provisional measures to halt further attacks and ask the court to award aggravated damages against the South African government.
Falana maintained that the mass expulsion of African migrants violates Article 12 of the African Charter on Human and Peoples’ Rights, which prohibits the collective expulsion of non-nationals except in accordance with the law.
He also criticised comments by South African President Cyril Ramaphosa urging migrants to comply with the country’s “laws and traditions,” arguing that such remarks could be interpreted as endorsing the attacks.
Drawing a comparison with South Africa’s case against Israel at the International Court of Justice over allegations of genocide in Gaza, Falana said Pretoria should likewise be held accountable under regional human rights mechanisms for failing to protect African migrants within its borders.
The senior lawyer further urged the Tinubu administration to recognise the jurisdiction of the African Court to hear petitions from individuals and non-governmental organisations by making the declaration required under Article 34(6) of the court’s protocol.
“If Nigeria had recognised the competence of the court, victims of xenophobic attacks and other gross human rights abuses in South Africa and other African countries would have been able to seek legal redress, including the payment of compensatory damages,” he said.
“We are therefore compelled to call on the Bola Tinubu administration to enable aggrieved citizens to access the African Court.”
Nigeria and South Africa have experienced recurring diplomatic tensions over repeated xenophobic attacks targeting foreign nationals, particularly Nigerians. Previous outbreaks of violence in 2015, 2019 and subsequent years resulted in deaths, widespread destruction of businesses and the evacuation of hundreds of Nigerians from South Africa.
Recent attacks have reportedly forced thousands of African migrants, including Nigerians and Ghanaians, to flee parts of the country amid rising anti-immigrant sentiment, prompting renewed calls for compensation and stronger legal action against the South African government.
