Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has urged the governments of Ghana and Nigeria to jointly take South Africa before the African Court on Human and Peoples’ Rights over recurring xenophobic attacks and the alleged forced displacement of African migrants.
According to Falana, taking the matter to the African Union (AU), as proposed by both governments, will not deliver justice or compensation to victims. He described the approach as “diversionary and time-wasting.”
In a statement issued on Sunday, Falana argued that the AU does not have the legal authority to compel South Africa to compensate victims. Instead, he called on Ghana and Nigeria to seek legal redress at the African Court on Human and Peoples’ Rights in Arusha, Tanzania.
His comments, as first reported by The Sun, come amid renewed reports of xenophobic attacks in South Africa, where groups of youths allegedly targeted African migrants, forcing thousands of Nigerians to flee.
The Nigerian government has since announced plans to seek compensation for citizens who lost businesses, homes, properties and investments during the attacks.
South Africa had initially indicated that compensation would be discussed through diplomatic channels. Foreign Ministry spokesperson Kimiebi Imomotimi Ebienfa said the issue would be handled at the highest level between the two governments, while Nigeria’s Acting High Commissioner to South Africa, Alexander Ajayi, said officials had begun documenting businesses and properties abandoned by affected Nigerians.
However, Falana said South Africa later rejected Nigeria’s demand for compensation, arguing that many of the evacuated migrants were living in the country illegally. He noted that several of the affected migrants had challenged that claim.
The senior lawyer said the issue extends beyond Nigeria and affects other African countries, including Ghana, whose citizens have also been victims of xenophobic violence in South Africa over the years.
He urged Ghana, Nigeria and other affected African states to seek justice through the African Court on Human and Peoples’ Rights, arguing that 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 alleged inflammatory remarks by some South African public officials had fuelled hostility towards African migrants.
Falana also criticised what he described as a contradiction in South Africa’s human rights posture, pointing to Pretoria’s decision to institute proceedings against Israel at the International Court of Justice over alleged violations of the Genocide Convention in Gaza.
He argued that South Africa should likewise be prepared to submit itself to international legal scrutiny over allegations of human rights abuses against African migrants within its borders.
The lawyer called on Ghana and Nigeria to invoke Article 5 of the Protocol establishing the African Court on Human and Peoples’ Rights to seek provisional measures aimed at preventing further attacks while pursuing compensation for victims.
He further noted that while Ghana has recognised the jurisdiction of the African Court to hear cases brought by individuals and non-governmental organisations, Nigeria has yet to do so.
According to Falana, Nigeria’s failure to recognise the court’s jurisdiction has denied victims of xenophobic attacks and other human rights abuses direct access to the continental court to seek justice and compensation.
He therefore urged Nigerian President Bola Tinubu to activate Article 34(6) of the court’s protocol by recognising its jurisdiction, saying the move would strengthen the protection of Nigerians’ rights across Africa.
