Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has urged the Federal Government to take South Africa before the African Court on Human and Peoples’ Rights over the alleged killings and abuse of Nigerian citizens in the country.
Falana made the call following the recent deaths of two Nigerians in South Africa, which Nigerian officials say have intensified concerns over the safety of Nigerians amid renewed anti-migrant tensions.
According to figures cited by Falana from Nigeria’s High Commissioner to South Africa, Femi Fani-Kayode, eight Nigerians have allegedly been killed in South Africa in 2026, with four of the deaths reportedly involving South African security personnel. Fani-Kayode also claimed that more than 100 Nigerians have been killed in South Africa since 2022, including more than 30 allegedly involving the South African Police Service and Defence Force.
The latest controversy followed the deaths of Bishop Michael Taiwo Fakunle and James Uchechukwu Nwankwo. Fakunle was reportedly shot dead at his residence in Johannesburg on September 4 after allegedly receiving threats. Nwankwo died the following day after what Nigerian officials described as alleged “gruesome interrogation techniques” by South African police in Cape Town. The circumstances surrounding both deaths remain under investigation, and South African authorities have not publicly established responsibility for all the allegations.
The deaths have further strained relations between Nigeria and South Africa. Nigeria’s National Assembly has already suspended official visits and legislative engagements with South Africa indefinitely, citing concerns over attacks against Nigerians and other African nationals.
Falana argued that Nigeria should move beyond diplomatic statements and pursue legal action through regional human-rights mechanisms. He urged the Federal Government to consider filing an interstate case against South Africa before the African Court on Human and Peoples’ Rights, arguing that South Africa has an obligation to protect Nigerians and other foreign nationals within its territory and properly investigate serious violations of their rights.
The SAN pointed to the African Court’s decision in the case involving the family of murdered Burkinabè investigative journalist Norbert Zongo, where Burkina Faso was held responsible for failing to properly investigate his killing 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 connected to the killing and ill-treatment of citizens during a security operation.
Beyond taking South Africa to court, Falana called for the creation of a coordinated mechanism involving Nigeria’s Ministry of Foreign Affairs, its diplomatic mission in South Africa and the Federal Ministry of Justice.
The proposed mechanism would document cases involving the alleged killing, torture and other serious abuses of Nigerians in South Africa while monitoring investigations and prosecutions.
Falana also urged the Federal Government to make the declaration required under Article 34(6) of the African Court Protocol, which would allow individuals and eligible non-governmental organisations to bring cases directly before the court under the applicable conditions.
The latest dispute comes amid growing anti-migrant tensions in South Africa, where Nigerians and other African nationals have faced recurring xenophobic attacks.
Nigerian officials say at least 98 Nigerians have died in mob attacks, hate-related violence and alleged extrajudicial killings since 2022, while recent incidents have prompted renewed diplomatic pressure on Pretoria.
South African Foreign Minister Ronald Lamola said during a July visit to Abuja that his government condemns all forms of xenophobia.
With Nigeria’s parliament now suspending official engagements and Falana calling for international legal action, pressure is mounting on both governments to address the safety of Nigerians living and doing business in South Africa.
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