Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has urged the Nigerian and Ghanaian governments to take South Africa before the African Court on Human and Peoples’ Rights over the resurgence of xenophobic attacks against African migrants.
In a statement released on Sunday, Falana maintained that pursuing the matter through the African Union would not achieve justice for the victims, stressing that only the African Court has the authority to order compensation and other legal remedies.
“The decision of the Governments of Nigeria and Ghana to report South Africa to the African Union is completely diversionary and time-wasting,” Falana 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.”
His reaction followed reports that South Africa had turned down Nigeria’s demand for compensation for citizens who fled the country after fresh xenophobic violence forced them to abandon businesses, investments and other property.
Falana recalled that the Federal Government had earlier disclosed its intention to pursue compensation for affected Nigerians.
He also noted that the Acting Nigerian High Commissioner to South Africa, Alexander Ajayi, had announced that authorities were compiling records of abandoned businesses and assets to support engagements with the South African government.
Describing Pretoria’s reported rejection of the compensation request as insensitive, Falana said, “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 added that South African authorities had defended their position by claiming that many of the affected migrants were living in the country illegally, an allegation the victims have denied.
The senior advocate called on Nigeria, Ghana and other African countries whose citizens 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 contravenes Article 12 of the African Charter on Human and Peoples’ Rights, which prohibits the collective expulsion of non-nationals except as permitted by law.
He also faulted comments attributed to South African President Cyril Ramaphosa urging migrants to respect the country’s “laws and traditions,” saying such remarks effectively legitimised the attacks.
Referencing South Africa’s case against Israel before the International Court of Justice over allegations of genocide in Gaza, Falana argued that Pretoria should likewise be held accountable under African human rights mechanisms for failing to safeguard African migrants within its territory.
The SAN further appealed to the Tinubu administration to recognise the jurisdiction of the African Court to entertain 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 experienced repeated diplomatic tensions over recurring xenophobic attacks on foreign nationals, especially Nigerians, over the past decade.
Similar outbreaks in 2015, 2019 and subsequent years led to fatalities, widespread destruction of businesses and the evacuation of hundreds of Nigerians from South Africa.
The latest wave of attacks has reportedly forced thousands of African migrants, including Nigerians and Ghanaians, to flee parts of South Africa amid growing anti-immigrant sentiment.
In response, the Nigerian government announced plans to seek compensation for affected citizens and began documenting abandoned businesses and other assets.
South African authorities, however, reportedly rejected the request, insisting that many of those affected were residing in the country illegally, an assertion the victims continue to dispute.
