BY AHMED AKANBI
Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has urged the Federal Government to take legal action against South Africa over the alleged killing and abuse of Nigerians, saying diplomatic condemnations alone are no longer enough.
Falana’s demand on Sunday, came after the reported assassination of a Nigerian cleric, Bishop Michael Taiwo Fakunle, in Johannesburg on September 4.
According to him, the Bishop was shot dead at his residence by unknown gunmen after reportedly receiving threats.
Barely 24 hours later, another Nigerian, James Uchechukwu Nwankwo, reportedly died after alleged interrogation by officers of the South African Police Service.
Citing remarks attributed to Nigeria’s High Commissioner to South Africa, Femi Fani-Kayode, Falana said the two deaths bring to eight the number of Nigerians allegedly killed in South Africa in 2026, with four reportedly killed by South African security personnel.
He further claimed that more than 100 Nigerians have been killed in South Africa between 2022 and 2026, including over 30 allegedly killed by officers of the South African Police Service and South African Defence Force. Falana lamented that despite repeated concerns raised by Nigeria, no one has been arrested or prosecuted.
The human rights lawyer argued that the Federal Government has both constitutional and international human rights obligations to protect Nigerians abroad and seek justice when their rights are violated.
He called on Nigeria to institute an interstate case against South Africa before the African Court on Human and Peoples’ Rights.
Falana cited the African Court’s decision in the case of slain Burkinabe journalist Norbert Zongo, where Burkina Faso was held responsible for failing to investigate and was ordered to pay reparations.
He also referenced the ECOWAS Court’s Apo Six judgment, where Nigeria was held liable for rights violations during a security operation in Abuja.
The SAN noted that both Nigeria and South Africa are parties to the African Charter on Human and Peoples’ Rights and have ratified the protocol establishing the African Court.
Falana recalled that in July 2026 he had called on Nigeria, Ghana and other African countries affected by xenophobic attacks to take South Africa to the Court, and that in May, he petitioned the African Commission on Human and Peoples’ Rights over alleged xenophobic attacks.
He appealed to the Federal Government to make the declaration under Article 34(6) of the African Court Protocol to allow individuals and NGOs to bring cases directly before the Court.
The human rights lawyer also urged government to set up a coordinated mechanism involving the Foreign Affairs Ministry, Nigeria’s mission in South Africa, and the Ministry of Justice to document killings, torture and abuses, and monitor investigations.
Falana maintained that South Africa has a duty to protect Nigerians and other African nationals within its territory.
“The Federal Government must now protect its citizens, demand accountability from South Africa and use available regional legal mechanisms to secure justice and compensation for victims and their families,” he said.