A Senior Advocate of Nigeria, Femi Falana, has called on the Federal Government to move beyond diplomatic condemnations and institute legal proceedings against South Africa over the alleged killings and abuse of Nigerians in the country.
Falana’s call follows the reported assassination of a Nigerian cleric, Bishop Michael Taiwo Fakunle, in Johannesburg on September 4.
According to Falana, 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.
Falana, citing comments attributed to Nigeria’s High Commissioner to South Africa, Femi Fani-Kayode, says the two deaths bring to eight the number of Nigerians allegedly killed in South Africa in 2026, four of them reportedly by South African security personnel.
He further claimed that more than 100 Nigerians have been killed in the country between 2022 and 2026, including over 30 allegedly killed by officers of the South African Police Service and South African Defence Force.
Falana said despite repeated concerns raised by Nigeria, no one has been arrested, prosecuted or brought to justice for the killings.
He argued that the Federal Government has both constitutional and international human rights obligations to protect Nigerians and seek justice where their rights are violated abroad.
The Senior Advocate urged Nigeria to institute an interstate case against South Africa before the African Court on Human and Peoples’ Rights.
He cited the Court’s decision in the case involving the family of slain Burkinabe investigative journalist, Norbert Zongo, where Burkina Faso was held responsible for failing to properly investigate his assassination and was ordered to pay reparations.
Falana also referenced the ECOWAS Court’s decision in the Apo Six case, in which Nigeria was held responsible for human rights violations arising from the killing and ill-treatment of citizens during a security operation in Abuja.
He said the cases demonstrate that failure to investigate serious violations of the right to life can result in state responsibility.
Falana noted that Nigeria and South Africa are parties to the African Charter on Human and Peoples’ Rights and have ratified the protocol establishing the African Court.
He recalled that he had, in July 2026, called on Nigeria, Ghana and other African countries affected by xenophobic attacks to take South Africa before the African Court.
He also said he petitioned the African Commission on Human and Peoples’ Rights in May over alleged xenophobic attacks and other violations against Nigerians and other African nationals in South Africa.
The human rights lawyer appealed to the Federal Government to make the declaration under Article 34(6) of the African Court Protocol, which would permit individuals and eligible non-governmental organisations to bring cases directly before the Court.
Falana wants the government to establish a coordinated mechanism involving the Foreign Affairs Ministry, Nigeria’s diplomatic mission in South Africa and the Federal Ministry of Justice to document cases of killings, torture and other serious abuses against Nigerians and monitor investigations and prosecutions.
He maintains that South Africa has a duty to protect Nigerians and other African nationals within its territory.
Falana said 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.
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