*Warns That Xenophobic Violence Has Historical Precedent And Cannot Be Dismissed

Senior Advocate of Nigeria M.O. Ubani, a legal practitioner and policy analyst, has called on the governments of Nigeria and South Africa to break their silence over disturbing videos circulating across social media platforms showing alleged widespread attacks on black foreigners, particularly Nigerians, within South Africa, warning that government silence in the face of such allegations risks being interpreted as “indifference or complicity” and that “silence is no longer golden.”

In a detailed statement that balances urgency with caution, Ubani acknowledged that the era of social media requires careful verification of viral content while simultaneously warning that South Africa’s documented history of xenophobic violence means the allegations cannot be dismissed as mere misinformation.

“If the reported incidents are indeed ongoing, then immediate intervention is not just desirable, it is imperative. Protection of life and property is a fundamental duty of any state,” Ubani stated.

Ubani described the circulating footage as painting “a disturbing picture of alleged widespread attacks on black foreigners, particularly Nigerians within South Africa.”

“The imagery, often graphic and emotionally charged, suggests a pattern of violence, destruction of property, and targeted hostility that appears both organised and relentless,” the senior advocate stated.

He noted that the videos, if accurate and current, “raise grave concerns about human rights, regional stability, and the moral conscience of the African continent.”

However, Ubani was careful to qualify his characterisation with an important caveat about the reliability of social media content.

In a passage that distinguished his intervention from the uncritical amplification that often characterises social media responses to such incidents, Ubani urged caution in drawing conclusions from viral footage.

“In an era where misinformation travels as quickly as truth, caution must guide our conclusions. Social media, while powerful, is not always reliable,” Ubani stated.

“Videos are frequently recycled, misattributed, or stripped of context. Incidents from years past or from unrelated locations can be repackaged as current events, thereby inflaming tensions and distorting reality,” the senior advocate warned.

“It is therefore essential to distinguish between verified reports and viral sensationalism before drawing sweeping conclusions,” he added.

The warning reflects a measured approach that recognises the danger of both dismissing genuine violence and amplifying false or misleading content, either of which could have serious consequences for diplomatic relations, the safety of Nigerian nationals in South Africa, and the broader relationship between African nations.

Having issued his caution about verification, Ubani pointed to South Africa’s documented history of xenophobic violence as a reason why the current allegations cannot be dismissed.

“Xenophobic violence in South Africa is not without precedent. Past outbreaks, most notably in 2008, 2015, and 2019, saw foreign nationals subjected to attacks, prompting international condemnation,” Ubani stated.

“These historical realities lend some credibility to current fears,” he added.

The 2008 xenophobic attacks in South Africa killed over 60 people and displaced tens of thousands of foreign nationals, including Nigerians, Zimbabweans, Mozambicans, and others. The 2015 attacks, which spread across multiple cities, similarly targeted foreign-owned businesses and individuals. The 2019 outbreak in Johannesburg and other cities prompted the Nigerian government to evacuate some of its citizens and triggered a diplomatic crisis between the two countries.

This history means that even if specific videos may be unverified, the pattern of xenophobic violence is well-established and the possibility of renewed attacks cannot be treated as implausible.

Ubani’s sharpest criticism was reserved for the governments of both South Africa and Nigeria, whose apparent silence or muted response he described as fuelling public frustration.

“The apparent silence or muted response from both the South African authorities and the government of Nigeria has further fuelled public frustration,” Ubani stated.

“Governments, in such moments, carry the burden of prompt communication. Silence, whether due to ongoing investigations, diplomatic caution, or bureaucratic delay, can easily be misinterpreted as indifference or complicity,” the senior advocate warned.

“Citizens, especially those whose lives may be at risk, deserve clarity, reassurance, and decisive action,” Ubani stated.

The criticism applies to both governments equally. South Africa, as the host country, has a primary responsibility to protect all persons within its borders, regardless of nationality, and to enforce its laws against those who commit violence. Nigeria, as the country of origin of many of the alleged victims, has a responsibility to its citizens abroad, including through its diplomatic missions, consular services, and direct engagement with the South African government.

The silence of both governments leaves Nigerian nationals in South Africa without official guidance, leaves families in Nigeria without information about their loved ones, and leaves the public to rely on unverified social media content as their primary source of information, a situation that is both dangerous and unacceptable.

In an important qualification, Ubani cautioned against allowing the alleged violence to define the entire South African population or to poison the broader relationship between Nigerian and South African people.

“Dehumanising entire populations or nations, no matter the provocation, risks deepening divisions and undermining the very unity Africa strives to build,” Ubani stated.

“It is important I point out that the actions of a violent minority should not define an entire people,” the senior advocate added.

The qualification is significant given the history of retaliatory actions that have sometimes followed xenophobic attacks in South Africa. In previous outbreaks, South African businesses in Nigeria, including the MTN and Shoprite chains, faced protests and attacks in retaliation, creating a cycle of violence that harmed innocent people on both sides.

Ubani’s call for restraint and his distinction between the violent minority and the broader population reflects an understanding that escalation serves no one’s interests and that diplomatic rather than retaliatory responses are the appropriate path forward.

The senior advocate’s statement contains several implicit and explicit demands.

First, both governments must communicate. Citizens deserve to know what is happening, what steps are being taken, and what they should do if they are at risk. Silence is no longer an option.

Second, if the incidents are verified, immediate intervention is required. The South African government must deploy security forces to protect foreign nationals, arrest perpetrators, and restore order. The Nigerian government must activate its diplomatic and consular machinery to assist affected citizens.

Third, diplomatic engagement between Nigeria and South Africa must be strengthened. The two countries have had a complex relationship, marked by both cooperation and tension, and the current situation requires high-level engagement to ensure accountability, justice, and the safety of affected communities.

Fourth, those responsible for violence must face justice. “Truth must lead and those committing these atrocities must be made to face justice as quickly as possible,” Ubani stated.

Fifth, the broader question of trust and unity among African nations must be addressed. “Whether these videos are real, exaggerated, or entirely false, they reveal a deeper issue: a fragile trust among African nations that must be urgently repaired,” the senior advocate observed.

Ubani situated the South Africa situation within a broader continental context, describing it as a test of Africa’s commitment to unity and mutual respect.

“Africa stands at a critical juncture where unity, cooperation, and mutual respect must prevail over suspicion and hostility,” Ubani stated.

The observation reflects the paradox of African integration. The African Union, the African Continental Free Trade Area, and various regional economic communities all promote the free movement of people and goods across African borders. Yet xenophobic violence, border restrictions, and hostility toward fellow Africans persist in many parts of the continent, undermining the ideals of Pan-Africanism and continental solidarity.

South Africa, as Africa’s most industrialised economy and a leading member of the AU, BRICS, and other international groupings, has a particular responsibility to uphold the principles of tolerance and human rights that it championed during its own struggle against apartheid. Violence against African nationals in South Africa carries a painful irony given the support that other African countries, including Nigeria, provided to the anti-apartheid movement.

From a legal perspective, South Africa’s Constitution, one of the most progressive in the world, guarantees fundamental rights to all persons within its borders, not only citizens. The right to life, the right to dignity, the right to freedom and security of the person, and the right to equality before the law all apply to foreign nationals.

International law, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, imposes obligations on South Africa to protect the rights of all persons within its jurisdiction.

If the alleged attacks are verified, they would constitute violations of both South African domestic law and international human rights law, triggering obligations of investigation, prosecution, and redress that the South African government cannot ignore.

Ubani concluded with a phrase that captures the urgency and frustration underlying his intervention.

“Silence by the various governments, especially that of South Africa and the Nigerian Government, is no longer golden,” the senior advocate stated.

The statement is both a demand and a warning. It demands that governments fulfil their duty to communicate, protect, and act. And it warns that continued silence will erode the already fragile trust between the governments and their citizens, between Nigeria and South Africa, and among the nations of a continent that aspires to unity but has yet to demonstrate the solidarity that unity requires.

For the Nigerian nationals in South Africa whose safety may be at risk, for the families in Nigeria waiting for information, and for the broader African community watching to see whether the continent’s governments will act or remain silent, Ubani’s intervention gives voice to a frustration that transcends legal analysis and enters the realm of moral imperative.

The governments of Nigeria and South Africa have been put on notice. Their response, or continued silence, will speak louder than any viral video.

______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence

Interested buyers are encouraged to place their orders and enquiries via: 0704 444 4777, 0704 444 4999, 0818 199 9888 Website: www.alexandernigeria.com

______________________________________________________________________ ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria. Bonus: Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.

How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com

Ebook Version: Access directly online at: https://selar.com/prv626

_______________________________________________________________________ [A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
“Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti.
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation ______________________________________________________________________ “Bridging Theory And Courtroom Practice” — Hagler Sunny Okorie, Nathaniel Ngozi Ikeocha Unveil ‘Functional’ Tort Law Book For Nigerian Legal System The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.