Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, SAN, has called on the Federal Government to move beyond diplomatic protests and institute legal proceedings against South Africa over the alleged killing and mistreatment of Nigerians in the country.
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Falana said Nigeria should invoke available regional and international human rights mechanisms to seek accountability, justice and compensation for victims and their families.
His call followed the reported killing of Nigerian cleric Bishop Michael Taiwo Fakunle in Johannesburg on September 4. According to Falana, Fakunle was shot dead by unidentified gunmen at his residence after allegedly receiving threats.
He also referred to the reported death of another Nigerian, James Uchechukwu Nwankwo, less than 24 hours later following an alleged interrogation by officers of the South African Police Service.
Citing remarks attributed to Nigeria’s High Commissioner to South Africa, Femi Fani-Kayode, Falana said the two incidents brought the number of Nigerians allegedly killed in South Africa in 2026 to eight.
The SAN further alleged that more than 100 Nigerians had been killed in South Africa between 2022 and 2026, including more than 30 deaths allegedly involving members of the South African Police Service and South African Defence Force.
He expressed concern that, despite repeated complaints, many of the reported cases had not resulted in arrests, prosecutions or other forms of accountability.
Falana argued that the Federal Government has both constitutional and international obligations to protect Nigerian citizens and pursue remedies when their fundamental rights are violated abroad.
He therefore urged the government to institute an interstate case against South Africa before the African Court on Human and Peoples’ Rights.
To support his position, Falana cited the African Court’s decision involving the family of murdered Burkina Faso journalist Norbert Zongo, where the state was held responsible for failing to properly investigate the killing and was ordered to pay reparations.
He also referenced the ECOWAS Court’s decision in the Apo Six case, in which 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, those cases demonstrate that states may incur responsibility where their authorities fail to properly investigate serious human rights violations, particularly alleged unlawful killings.
The senior lawyer noted that Nigeria and South Africa are parties to the African Charter on Human and Peoples’ Rights and have also ratified the protocol establishing the African Court.
He recalled that he had earlier urged Nigeria, Ghana and other African countries affected by xenophobic attacks to consider instituting proceedings against South Africa before the continental court.
Falana further urged the Federal Government to make the declaration required under Article 34(6) of the African Court Protocol, which would allow individuals and eligible non-governmental organisations to directly approach the court.
He also proposed 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 reported killings, torture and other serious abuses against Nigerians and monitor investigations and prosecutions by South African authorities.
Falana maintained that South Africa has an obligation to protect Nigerians and other African nationals within its territory, urging the Federal Government to pursue regional legal remedies and seek justice and compensation for victims of alleged abuses and their families.
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