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Senior Advocate of Nigeria (SAN), Femi Falana, has urged the Federal Government to take legal action against South Africa over the alleged killing and mistreatment of Nigerians in the country.
Falana said Nigeria should move beyond diplomatic protests and pursue legal remedies available under regional and international human rights frameworks to seek justice for victims and their families.
His call followed the reported killing of a Nigerian cleric, Bishop Michael Taiwo Fakunle, in Johannesburg on September 4.
According to Falana, Fakunle was shot dead by unidentified gunmen at his residence after allegedly receiving threats.
He said another Nigerian, James Uchechukwu Nwankwo, reportedly died less than 24 hours later following an alleged interrogation by officers of the South African Police Service.
Falana, citing remarks attributed to Nigeria’s High Commissioner to South Africa, Femi Fani-Kayode, said the two incidents brought the number of Nigerians allegedly killed in South Africa in 2026 to eight.
He claimed that four of those deaths were allegedly linked to South African security personnel.
The human rights lawyer further alleged that more than 100 Nigerians had been killed in South Africa between 2022 and 2026, including more than 30 deaths allegedly involving officers of the South African Police Service and the South African Defence Force.
Falana expressed concern that despite repeated complaints over the alleged killings, victims and their families had yet to see arrests, prosecutions or other forms of accountability.
He argued that the Federal Government has a constitutional and international responsibility to protect Nigerians and pursue justice when their fundamental rights are violated outside the country.
Falana therefore called on the government to institute an interstate case against South Africa before the African Court on Human and Peoples’ Rights.
He cited the court’s ruling in the case involving the family of Burkina Faso journalist Norbert Zongo, who was assassinated while investigating corruption. According to Falana, the court held Burkina Faso responsible for failing to properly investigate the killing and ordered reparations.
He also referred to 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 in Abuja.
Falana said the cases demonstrated that states could be held responsible where authorities fail to properly investigate serious violations, particularly alleged unlawful killings.
He noted that Nigeria and South Africa are both parties to the African Charter on Human and Peoples’ Rights and have ratified the protocol establishing the African Court.
The SAN also recalled that he had in July 2026 urged Nigeria, Ghana and other African countries affected by xenophobic attacks to consider legal action against South Africa before the African Court.
He said he had separately petitioned the African Commission on Human and Peoples’ Rights in May over alleged xenophobic attacks and other violations targeting Nigerians and other African nationals in South Africa.
Falana further urged the Federal Government to make the declaration required under Article 34(6) of the African Court Protocol, which would enable individuals and eligible non-governmental organisations to approach the court directly.
He also proposed the establishment of a coordinated mechanism involving the Ministry of Foreign Affairs, Nigeria’s diplomatic mission in South Africa and the Federal Ministry of Justice.
According to him, such a mechanism should document reported cases of killings, torture and other serious abuses against Nigerians while monitoring investigations and prosecutions by South African authorities.
Falana maintained that South Africa has an obligation to protect Nigerians and other African nationals living within its territory.
He urged the Federal Government to demand accountability, pursue available regional legal remedies and seek justice and compensation for victims of alleged abuses and their families.
