Xenophobia: Falana Seeks African Court Action Over Attacks on Nigerians in South Africa

Human rights lawyer Femi Falana has petitioned the African Commission on Human and Peoples’ Rights over alleged xenophobic attacks targeting Nigerians and other African migrants in South Africa.

In the communication filed under the African Charter, Falana urged the Commission to intervene urgently and escalate the matter to the African Court for enforceable judgment.

He described the situation as a “persistent, widespread, and well-documented pattern of xenophobic violence,” including killings, torture, looting, arbitrary arrests and forced displacement.

Falana stated: “These violations are neither isolated nor sporadic; rather, they reflect a recurring cycle of attacks marked by killings, physical assaults, arbitrary arrests, torture, looting, destruction of businesses, forced displacement, and sustained threats to life and personal security.”

The petition referenced recent reported killings of Nigerians Amaramiro Emmanuel and Ekpenyong Andrew in separate incidents allegedly involving South African National Defence Force personnel.

It also noted reports of more than 130 Nigerians seeking evacuation amid growing fears for their safety.

Falana further argued that attacks against foreign nationals have continued across several regions, with migrants often subjected to violence, discrimination and exclusion.

He accused South African authorities of failing in their duty of care, saying the lack of effective response has created “a climate of impunity.”

The petition asked the African Commission to declare South Africa in violation of multiple provisions of the African Charter, including the rights to life, dignity, equality and security.

Falana also requested referral of the case to the African Court, seeking compensation for victims, structural reforms and guarantees to prevent future xenophobic attacks.

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