Human rights attorney Femi Falana has called on Nigeria and Ghana to initiate legal proceedings against South Africa at the African Court on Human and Peoples’ Rights. This move comes in response to ongoing xenophobic violence and the forced displacement of migrants within South African borders.
Falana dismissed the decision by both nations to involve the African Union as an ineffective delay tactic, noting that the AU does not possess the legal power to mandate compensation for victims. Thousands of Nigerians have recently fled South Africa due to targeted attacks, losing personal investments and property. While South Africa initially indicated a willingness to discuss compensation, the government later backtracked, citing the immigration status of those affected—a claim victims have contested.
The Senior Advocate of Nigeria pointed out that these expulsions infringe upon Article 12 of the African Charter on Human and Peoples’ Rights. He argued that since South Africa has utilized international legal forums to challenge other nations, it should be held to the same standards regarding the treatment of African migrants. Falana advised Nigeria and Ghana to seek provisional measures and damages through the Arusha-based court.
Furthermore, Falana pressed the administration of President Bola Tinubu to allow Nigerian citizens direct access to the African Court. Currently, Nigeria has not accepted the court’s jurisdiction for individual or non-governmental claims, unlike Ghana, which allows such access. He emphasized that enabling this legal pathway is essential for securing justice for victims of human rights abuses.
