Human rights attorney and Senior Advocate of Nigeria, Femi Falana, has urged the Federal Government to initiate legal proceedings against South Africa over the alleged ongoing killings and mistreatment of Nigerian citizens, stating that diplomatic protests are no longer sufficient.
Falana’s demand follows the September 4 assassination of Nigerian cleric Bishop Michael Taiwo Fakunle, who was shot dead at his residence in Johannesburg after receiving threats.
Less than 24 hours later, another Nigerian, James Uchechukwu Nwankwo, died following an interrogation by officers of the South African Police Service.
Citing reports attributed to Nigeria’s High Commissioner to South Africa, Femi Fani-Kayode, Falana highlighted that eight Nigerians have been killed in South Africa in 2026 alone, with half of those deaths allegedly linked to South African security personnel.
Between 2022 and 2026, more than 100 Nigerians have been killed in the country, including over 30 at the hands of the South African Police Service and South African Defence Force.
“Despite repeated concerns raised by Nigeria, no one has been arrested, prosecuted, or brought to justice for these extrajudicial killings,” Falana noted, emphasizing that the Nigerian government has both constitutional and international human rights mandates to protect its citizens abroad.
To enforce state accountability, the senior lawyer advised the Federal Government to file an interstate case against South Africa before the African Court on Human and Peoples’ Rights.
He pointed to key legal precedents, including:
- The Norbert Zongo Case: The African Court held Burkina Faso accountable for failing to investigate the assassination of an investigative journalist, ordering the state to pay reparations to the victim’s family.
- The Apo Six Case: The ECOWAS Court found Nigeria responsible for human rights violations after security forces unlawfully killed citizens in Abuja.
Falana emphasized that both Nigeria and South Africa are signatories to the African Charter on Human and Peoples’ Rights and have ratified the court’s protocol.
Additionally, Falana renewed his appeal for Nigeria to sign the declaration under Article 34(6) of the African Court Protocol, which would allow individuals and non-governmental organizations to submit cases directly to the court.
He also recommended establishing a joint task force—comprising the Ministry of Foreign Affairs, Nigeria’s diplomatic mission in South Africa, and the Federal Ministry of Justice—to document violations, monitor legal proceedings, and secure financial compensation for victims’ families.
