Falana Tells Nigeria What To Do Over South Africa Xenophobic Killing, Abuse Of Nigerians
Senior Advocate of Nigeria Femi Falana wants his country’s Federal Government to move beyond diplomatic condemnations and begin legal proceedings at the African Court on Human and Peoples’ Rights over the killings and abuses suffered by Nigerians in South Africa.
Falana gave his counsel in the wake of the assassination of a Nigerian clergyman, Bishop Michael Taiwo Fakunle, in Johannesburg on September 4.
Another Nigerian, James Uchechukwu Nwankwo, died under his reported interrogation by South African police officers barely 24 hours later.
The SAN maintained that South Africa owed a duty to protect Nigerians and other African nationals within its territory, adding that the Federal Government must now protect its citizens, demand accountability and use available regional legal mechanisms to secure justice and compensation for victims and their families.
Citing comments attributed to Nigeria’s High Commissioner to South Africa, Femi Fani-Kayode, the SAN said the two deaths brought to eight the number of Nigerians allegedly killed in South Africa in 2026, four of them reportedly by that country’s security personnel.
He further claimed that more than 100 Nigerians had been killed in the country between 2022 and 2026, including over 30 allegedly killed by officers of the South African Police Service and South African Defence Force.
Falana argued that the Federal Government has both constitutional and international Human Rights obligations to protect Nigerians and seek justice where their rights are violated abroad.
He urged Nigeria to institute an interstate case against South Africa before the African Court, citing the court’s decision in the case involving the family of slain Burkinabe journalist Norbert Zongo, where Burkina Faso was held responsible for failing to properly investigate his assassination and 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.
Falana called on the Federal Government to make the declaration under Article 34(6) of the African Court Protocol, which would permit individuals and eligible non-governmental organisations to bring cases directly before the Court.
He also urged his home government to establish a coordinated mechanism involving the Foreign Affairs Ministry, Nigeria’s diplomatic mission in South Africa and the Federal Ministry of Justice to document cases of killings, torture and other serious abuses against Nigerians.
