A Senior Advocate of Nigeria (SAN), Femi Falana, has urged the Federal Government to move beyond diplomatic condemnations and institute legal proceedings against South Africa over the alleged killings, torture and other abuses of Nigerians in the country.
Falana’s call followed the reported assassination of a Nigerian cleric, Bishop Michael Taiwo Fakunle, in Johannesburg on September 4.
According to the human rights lawyer, Fakunle was shot dead by unknown gunmen at his residence after allegedly receiving threats to his life.
Less than 24 hours later, another Nigerian, James Uchechukwu Nwankwo, reportedly died following an alleged interrogation by officers of the South African Police Service (SAPS).
Falana, citing comments attributed to Nigeria’s High Commissioner to South Africa, Femi Fani-Kayode, said the two incidents brought to eight the number of Nigerians allegedly killed in South Africa in 2026, with four reportedly killed by South African security personnel.
He further claimed that more than 100 Nigerians had been killed in South Africa between 2022 and 2026, including over 30 allegedly killed by personnel of the South African Police Service and the South African Defence Force.
Falana lamented that despite repeated concerns raised by the Nigerian government, no person had been arrested, prosecuted or brought to justice over the alleged killings.
He argued that the Federal Government has both constitutional and international human rights obligations to protect Nigerians and pursue justice whenever their fundamental rights are violated abroad.
The SAN therefore called on Nigeria to institute an interstate case against South Africa before the African Court on Human and Peoples’ Rights.
Falana cited the Court’s decision in the case involving the family of slain Burkinabè investigative journalist, Norbert Zongo, in which Burkina Faso was held responsible for failing to properly investigate his assassination and was ordered to pay reparations.
He also referred to the decision of the ECOWAS Court in the Apo Six case, where Nigeria was held responsible for human rights violations arising from the killing and ill-treatment of citizens during a security operation in Abuja.
According to Falana, the two cases demonstrate that a state may incur legal responsibility where serious violations of the right to life are not properly investigated.
He noted that Nigeria and South Africa are both parties to the African Charter on Human and Peoples’ Rights and have ratified the protocol establishing the African Court.
Falana recalled that in July 2026, he had urged Nigeria, Ghana and other African countries affected by xenophobic attacks to jointly take South Africa before the African Court.
He also disclosed that he petitioned the African Commission on Human and Peoples’ Rights in May over alleged xenophobic attacks and other violations against Nigerians and other African nationals in South Africa.
The human rights lawyer further urged the Federal Government to make the declaration required under Article 34(6) of the African Court Protocol, which would enable individuals and eligible non-governmental organisations to institute cases directly before the Court.
He called for the establishment of a coordinated mechanism involving the Ministry of Foreign Affairs, Nigeria’s diplomatic mission in South Africa and the Federal Ministry of Justice to document cases of killings, torture and other serious abuses against Nigerians.
The mechanism, he said, should also monitor investigations and prosecutions by South African authorities to ensure that perpetrators are held accountable.
Falana maintained that South Africa has a responsibility to protect Nigerians and other African nationals within its territory.
He urged the Federal Government to take decisive steps to protect its citizens, demand accountability from the South African authorities and deploy available regional legal mechanisms to secure justice and compensation for victims and their families.
