Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on Nigeria and Ghana to take legal action against South Africa at the African Court on Human and Peoples’ Rights following renewed xenophobic attacks on African migrants.
In a statement on Sunday, Falana criticised the decision to report South Africa to the African Union, describing it as “diversionary and time-wasting.”
He argued that only the African Court has the authority to order compensation and enforce remedies for victims.
His remarks came after South Africa reportedly rejected Nigeria’s request for compensation for citizens forced to abandon businesses and properties during the violence.
Falana condemned the refusal as “sheer insensitivity,” noting that Pretoria justified its stance by claiming many victims were undocumented migrants, a claim disputed by those affected.
Falana urged Nigeria, Ghana, and other African nations whose citizens had suffered attacks to file cases in Arusha, Tanzania, seeking damages and provisional measures to halt further violence.
He stressed that the mass expulsion of migrants violated Article 12 of the African Charter, which prohibits collective expulsion of non-nationals.
Drawing parallels with South Africa’s case against Israel at the International Court of Justice, Falana insisted that Pretoria should also be held accountable under regional human rights mechanisms.
He further urged the Tinubu administration to recognise the jurisdiction of the African Court, enabling individuals and NGOs to seek redress directly.
Xenophobic violence has repeatedly strained Nigeria–South Africa relations, with major outbreaks in 2015, 2019, and subsequent years leading to deaths, destruction of businesses, and mass evacuations.
The latest wave has again forced thousands of migrants, including Nigerians and Ghanaians, to flee parts of South Africa amid rising anti-immigrant sentiment.
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