Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on the governments of Nigeria and Ghana to institute legal proceedings against South Africa before the African Court on Human and Peoples’ Rights over renewed xenophobic attacks targeting African migrants.
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In a statement released on Sunday, Falana argued that taking the matter to the African Union would be ineffective, insisting that only the African Court has the legal authority 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.
“Both countries ought to have realised that the African Union lacks the competence to direct the Ramaphosa regime to pay compensation to the victims of xenophobic attacks,” Falana said.
His comments followed South Africa’s reported rejection of 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.
Falana recalled that the Federal Government had earlier announced plans to seek compensation for affected Nigerians, while the Nigerian Acting High Commissioner to South Africa, Alexander Ajayi, disclosed that authorities had begun documenting businesses and properties abandoned by victims to facilitate discussions with the South African government.
However, Falana criticised Pretoria’s reported refusal to compensate the victims, describing the decision as “sheer insensitivity.”
He said, “Out of sheer insensitivity, the Cyril Ramaphosa administration has turned round to reject Nigeria’s request for compensation for its citizens who were forced to abandon their businesses and properties after fleeing renewed xenophobic attacks.”
According to him, South African authorities have 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.
The senior lawyer urged Nigeria, Ghana and other African countries whose nationals had been killed or attacked during the violence to file a case before 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.
“Apart from seeking provisional measures to stop further attacks, the governments of Nigeria and Ghana should pray the Court to award aggravated damages against the South African Government,” he said.
Falana argued that the mass expulsion of African migrants violated 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 remarks by South African President Ramaphosa urging migrants to comply with the country’s “laws and traditions,” saying such rhetoric amounted to an endorsement of the attacks.
Drawing a comparison with South Africa’s successful case against Israel at the International Court of Justice over alleged genocide in Gaza, Falana said Pretoria should equally be held accountable under regional human rights mechanisms for failing to protect African migrants within its borders.
The SAN further urged the President Bola Tinubu administration to accept the jurisdiction of the African Court to hear petitions from individuals and non-governmental organisations, noting that Nigeria has yet to make 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 abuses of human rights in South Africa and other African countries would have been able to seek legal redress, including payment of compensatory damages.
“We are therefore compelled to call on the Bola Tinubu administration to enable aggrieved citizens to access the African Court,” he said.
Nigeria and South Africa have repeatedly clashed over recurring xenophobic attacks on foreign nationals, particularly Nigerians, over the past decade.
Previous waves of violence in 2015, 2019 and subsequent years led to deaths, destruction of businesses and the evacuation of hundreds of Nigerians from South Africa, straining diplomatic relations between both countries.
In recent weeks, renewed attacks reportedly forced thousands of African migrants, including Nigerians and Ghanaians, to flee parts of South Africa amid growing anti-immigrant sentiment.
The Nigerian government subsequently announced plans to seek compensation for affected citizens and began documenting abandoned businesses and assets.
However, South African authorities reportedly rejected the compensation request, maintaining that many of those affected were in the country illegally, a position disputed by the victims.
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