Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on the governments of Nigeria and Ghana to institute legal proceedings against South Africa at the African Court on Human and Peoples' Rights over recurring xenophobic attacks and the alleged forced displacement of African migrants. In a statement issued on Sunday, July 19, 2026, Falana faulted the decision by both countries to report South Africa to the African Union, describing the move as "diversionary and time wasting," and arguing that the continental body lacks the legal authority to compel the South African government to compensate victims of xenophobic attacks.
His remarks follow South Africa's reported rejection of Nigeria's request for compensation for citizens who fled the country after renewed xenophobic attacks forced them to abandon their businesses, investments, and other properties. Thousands of Nigerian migrants were recently forced to leave South Africa following attacks by groups of youths targeting African migrants. The Nigerian government had earlier announced plans to seek compensation from South Africa for citizens who lost businesses, properties and investments after fleeing the attacks. South Africa's Foreign Ministry spokesperson had said discussions on compensation would take place between both governments at the highest levels. Following this, Nigeria's Acting High Commissioner to South Africa disclosed that authorities had commenced documentation of businesses and properties abandoned by affected Nigerians. However, Falana said the South African government later rejected Nigeria's compensation demand, claiming that many of those evacuated were in the country illegally — a position disputed by some of the victims.
The senior lawyer argued that rather than approaching the AU, Nigeria, Ghana and other affected countries should file a case before the African Court on Human and Peoples' Rights in Arusha, Tanzania, seeking redress and damages for victims. According to him, the alleged expulsion of African migrants violates Article 12 of the African Charter on Human and Peoples' Rights, which prohibits 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 statements from some South African officials had encouraged hostility towards migrants.
Drawing a comparison with South Africa's decision to institute proceedings against Israel at the International Court of Justice over alleged violations of the Genocide Convention in Gaza, Falana argued that Pretoria should equally be prepared to submit itself to international legal accountability over alleged human rights violations against African migrants. He urged Nigeria and Ghana to invoke Article 5 of the Protocol establishing the African Court on Human and Peoples' Rights by seeking provisional measures to prevent further attacks and demanding aggravated damages against the South African government.
The human rights lawyer also criticised Nigeria's refusal to recognise the jurisdiction of the African Court to hear cases brought by individuals and non-governmental organisations, noting that Ghana has accepted the court's competence. "Had Nigeria recognised the competence of the court, victims of xenophobic attacks and other gross abuses of human rights would have been able to seek legal redress, including compensation," he said. Falana therefore called on the administration of President Bola Tinubu to take steps to enable Nigerian citizens to access the African Court in line with Article 34(6) of the court's protocol. His intervention reframes a bilateral grievance as a test of Africa's own justice machinery, and it lands at a moment when thousands of African migrants have already fled the continent's most industrialised economy.
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