ABUJA, Nigeria — 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 at the African Court on Human and Peoples’ Rights over recurring xenophobic attacks and the alleged forced displacement of African migrants.
Falana made the call in a statement on Sunday, arguing that the decision by both countries to report South Africa to the African Union would not deliver justice or compensation for victims. He described the move as “diversionary and time wasting,” insisting that the AU lacks the legal authority to compel South Africa to compensate those affected.
His remarks follow renewed xenophobic attacks in South Africa that forced thousands of Nigerian migrants to flee the country after groups of youths allegedly targeted African nationals. The Nigerian government had earlier announced plans to seek compensation for citizens who lost businesses, homes, properties and investments during the attacks.
South Africa had initially indicated that discussions on compensation would be handled through diplomatic engagements. The country’s Foreign Ministry spokesperson, Kimiebi Imomotimi Ebienfa, said the matter would be addressed at the highest level between both governments. Nigeria’s Acting High Commissioner to South Africa, Alexander Ajayi, also disclosed that officials had begun documenting businesses and properties abandoned by affected Nigerians.
However, Falana noted that South Africa later rejected Nigeria’s compensation demand, maintaining that many of those evacuated were residing in the country illegally. He said that position had been challenged by some of the affected migrants.
The senior lawyer argued that Nigeria, Ghana and other African countries whose citizens had suffered similar attacks should instead seek redress before the African Court on Human and Peoples’ Rights in Arusha, Tanzania, where they could pursue compensation and other legal remedies for victims.
According to him, the alleged mass expulsion of African migrants violates Article 12 of the African Charter on Human and Peoples’ Rights, which prohibits the mass expulsion of non-nationals except in accordance with the law.
“Some of the victims of the xenophobic attacks were killed in the process,” Falana said, adding that inflammatory statements allegedly made by some South African public officials had fuelled hostility towards African migrants living in the country.
He also drew a comparison with South Africa’s decision to institute proceedings against Israel at the International Court of Justice over alleged violations of the Genocide Convention in Gaza, arguing that Pretoria should equally be prepared to submit itself to international legal accountability over alleged human rights violations against African migrants.
Falana urged Nigeria and Ghana to invoke Article 5 of the Protocol establishing the African Court on Human and Peoples’ Rights by seeking provisional measures to prevent further attacks and demanding aggravated damages against the South African government.
The SAN further criticised Nigeria for failing to recognise the jurisdiction of the African Court to entertain cases filed by individuals and non-governmental organisations, noting that Ghana has already accepted the court’s competence.
“Had Nigeria recognised the competence of the court, victims of xenophobic attacks and other gross abuses of human rights would have been able to seek legal redress, including compensation,” he said.
Falana therefore called on President Bola Tinubu’s administration to activate Article 34(6) of the court’s protocol by recognising the jurisdiction of the African Court, a move he said would allow Nigerian citizens direct access to the continental judicial body to pursue justice for human rights violations.
