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.
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 South Africa 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 property.
He recalled that the Federal Government had earlier announced plans to seek compensation for affected Nigerians, while the Acting Nigerian High Commissioner to South Africa, Alexander Ajayi, said authorities had begun documenting abandoned businesses and property to facilitate discussions with the South African government.
Falana, however, described Pretoria’s reported refusal to compensate the victims as “sheer insensitivity”.
“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 Falana, South African authorities justified their position by claiming that many of the affected migrants were residing in the country illegally, an allegation disputed by the victims.
He urged Nigeria, Ghana and other African countries whose nationals had been killed or attacked during the violence to institute proceedings 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,” he said.
“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.”
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 attributed to South African President Cyril Ramaphosa urging migrants to comply with the country’s “laws and traditions”, saying such comments amounted to an endorsement of 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 argued that Pretoria should likewise be held accountable under regional human rights mechanisms for failing to protect African migrants within its borders.
The senior lawyer also urged the Bola 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 repeatedly experienced diplomatic tensions over recurring xenophobic attacks on foreign nationals, particularly Nigerians, over the past decade. Previous outbreaks of violence in 2015, 2019 and subsequent years resulted in deaths, the destruction of businesses and the evacuation of hundreds of Nigerians from South Africa.
In recent weeks, renewed attacks have 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. South African authorities, however, reportedly rejected the request, maintaining that many of those affected were in the country illegally, a claim disputed by the victims.
