Senior Advocate of Nigeria and human rights lawyer, Femi Falana, has urged the Federal Government of Nigeria to institute legal proceedings against South Africa at the African Court on Human and Peoples’ Rights over the alleged persistent killing, xenophobic attacks and human rights abuses involving Nigerian nationals in the country.
Falana’s call comes amid renewed concerns over the safety of Nigerians in South Africa following reports of the deaths of two Nigerian nationals in Johannesburg.
The latest incidents involved Bishop Michael Taiwo Fakunle, who was reportedly killed at his residence on September 4, 2026, and James Uchechukwu Nwankwo, whose death on September 5 was allegedly linked to actions by South African police officers.
Nigeria’s High Commissioner-designate to South Africa, Femi Fani-Kayode, said the two deaths brought the number of Nigerians allegedly killed in South Africa in 2026 to eight.
He further alleged that more than 100 Nigerian nationals have been killed in South Africa since 2022, with some of the deaths allegedly involving personnel of the South African Police Service and South African Defence Force.
The development has heightened calls for stronger action by the Nigerian government to protect its citizens living, working and doing business in South Africa.
Falana had previously advocated legal action against South Africa over xenophobic attacks and alleged violations of the rights of African migrants, arguing that affected countries should pursue justice and appropriate compensation for victims.
According to the human rights lawyer, relying solely on diplomatic protests may not be sufficient in addressing the recurring attacks and alleged killings of Nigerians in South Africa.
He has therefore urged the Federal Government to consider taking the matter before the African Court on Human and Peoples’ Rights, where alleged violations of human rights can be subjected to judicial scrutiny.
The proposed legal action would represent a significant escalation beyond diplomatic engagements between Abuja and Pretoria and could place the issue of the safety and rights of Nigerians in South Africa before a continental human rights institution.
The renewed concerns have also generated calls for South African authorities to conduct transparent investigations into reported killings and ensure that anyone found responsible is prosecuted.
For Nigeria, the issue has become increasingly sensitive as Nigerians continue to constitute a significant African migrant community in South Africa, while reports of xenophobic violence and attacks on foreign nationals continue to raise concerns.
Falana’s position is expected to add pressure on the Federal Government to adopt stronger diplomatic and legal measures in addressing alleged attacks against Nigerians.
The central question now is whether the Nigerian government will heed the call and pursue the matter before the African Court, or continue to rely primarily on diplomatic engagements with the South African government.
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