Falana Urges Nigeria, Ghana to Sue South Africa in African Court Over Xenophobic Attacks

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on the governments of Nigeria and Ghana to take legal action against South Africa before the African Court on Human and Peoples’ Rights following a renewed wave of xenophobic violence targeting African migrants.

In a statement released on Sunday, Falana criticized decisions to report the matter to the African Union (AU), labeling the move a distraction. He emphasized that the AU lacks the legal framework to compel South Africa to compensate victims, making the African Court in Arusha, Tanzania, the only viable option for securing binding remedies. Falana argued that the decision of both governments to approach the AU is time-wasting, as the body lacks the competence to direct the Ramaphosa administration to pay compensation to the victims of the attacks.

The human rights advocate’s comments follow Pretoria’s reported refusal to grant financial restitution to affected foreign nationals. According to South African authorities, many of the displaced migrants were residing in the country illegally—a claim strongly contested by the victims. The standoff intensified after Nigerian officials, including Acting High Commissioner to South Africa Alexander Ajayi, began documenting abandoned businesses, investments, and assets to back formal compensation claims for citizens forced to flee. Falana condemned South Africa’s stance, describing the denial of compensation as insensitive.

Falana argued that the mass displacement and targeting of foreign nationals constitute a direct violation of Article 12 of the African Charter on Human and Peoples’ Rights, which explicitly prohibits the collective expulsion of non-nationals. To address this, he urged the affected West African nations to seek immediate legal intervention, specifically filing for urgent injunctions to halt ongoing violence against migrants and petitioning the African Court to award aggravated financial damages for loss of life, injuries, and property destruction.

Drawing a parallel to regional accountability, Falana pointed out the irony of South Africa pursuing international legal action against Israel over allegations of genocide in Gaza while failing to protect African migrants within its own borders.

The Senior Advocate also urged Nigerian President Bola Tinubu to officially recognize the jurisdiction of the African Court regarding petitions from individuals and non-governmental organizations. Currently, Nigeria has not signed the declaration required under Article 34(6) of the court’s protocol, which limits regular citizens from directly filing human rights abuse cases against member states. Falana noted that if Nigeria had recognized the competence of the court, victims of xenophobic attacks and other gross human rights abuses would have been able to seek legal redress and compensatory damages independently.

Diplomatic relations between Nigeria and South Africa have faced recurring friction over the past decade due to periodic anti-immigrant violence. Major outbreaks in 2015 and 2019 previously led to fatalities, widespread looting of foreign-owned shops, and the mass evacuation of hundreds of Nigerian nationals. The latest escalation has once again forced thousands of migrants from various African nations to abandon their livelihoods amid rising local tensions.