Xenophobia: Falana Urges FG To Take S’Africa To Court Over Nigerians’ Killings

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on the Federal Government to institute legal proceedings against South Africa over the killing and alleged mistreatment of Nigerians in the country.

Gatekeepers News reports that Falana’s latest call followed the reported killing of two Nigerians in South Africa. One of them, Bishop Michael Taiwo Fakunle, was reportedly shot dead at his residence in Johannesburg on September 4 after allegedly receiving threats. Another Nigerian, James Uchechukwu Nwankwo, died in Cape Town following what Nigerian authorities described as alleged “gruesome interrogation techniques” by South African police. 

The lawyer said Nigeria should move beyond diplomatic condemnation and seek legal redress against South Africa, arguing that both countries are parties to the African Charter on Human and Peoples’ Rights.

Falana also pointed out that Nigeria and South Africa have ratified the protocol establishing the African Court on Human and Peoples’ Rights, making the court an avenue for seeking remedies over alleged violations.

He recalled that he had in July urged Nigeria, Ghana and other African countries affected by xenophobic attacks to approach the African Court over the treatment of their citizens in South Africa. 

According to Falana, taking the matter before the African Union alone would not provide an effective legal remedy for victims, as the African Court has the authority to award compensation and other forms of redress.

He had previously described the decision to report South Africa to the African Union as “completely diversionary and time-wasting.” 

The renewed demand comes amid growing concerns over the safety of Nigerians and other African nationals in South Africa. Nigeria’s Foreign Ministry said at least 98 Nigerians have been killed in mob, hate-related and extrajudicial attacks in South Africa since 2022. 

The Nigerian parliament has also suspended official visits and legislative engagements with South Africa in response to the continuing anti-migrant violence. 

Falana is therefore urging Federal Government to pursue the matter through the appropriate international legal channel and seek justice and compensation for affected Nigerians.