Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has called on the governments of Nigeria and Ghana to take decisive legal steps against the Republic of South Africa over persistent xenophobic attacks targeting their nationals and other African migrants.
In a formal petition dated May 15, 2026, submitted to the African Commission on Human and Peoples’ Rights (ACHPR), Falana detailed a recurring pattern of violence, including killings, physical assaults, arbitrary arrests, torture, looting of businesses, forced displacement, and threats to life and property. He urged the Commission to urgently investigate the matter and refer it to the African Court on Human and Peoples’ Rights for binding adjudication.
“There remains a persistent, widespread, and well-documented pattern of xenophobic violence, intimidation, and discrimination against Nigerians and other African nationals in the Republic of South Africa,” Falana stated in the petition. He highlighted recent incidents, including the killings of two Nigerian nationals, Amaramiro Emmanuel and Ekpenyong Andrew, in April 2026, allegedly involving personnel of the South African National Defence Force (SANDF).
Falana argued that these attacks reflect a systemic failure by South African authorities to protect foreign nationals, ensure accountability, and address the root causes of discrimination. He cited violations of several provisions of the African Charter on Human and Peoples’ Rights, including Articles 1, 2, 3, 4, 5, 6, 12, 14, and 18, which guarantee equality, non-discrimination, the right to life, dignity, liberty, property, and freedom of movement.
The petition requests that the African Commission: Declare South Africa in violation of its obligations under the African Charter. Conduct a thorough independent investigation into the xenophobic violence.
Refer the matter to the African Court on Human and Peoples’ Rights for declarations of violations, compensation and reparations for victims, guarantees of non-repetition, and structural reforms.
Bring the issue before the Assembly of Heads of State and Government of the African Union as a case of serious or massive violations.
Falana emphasized that governments like Nigeria and Ghana, whose citizens have been disproportionately affected, should actively support and pursue these regional mechanisms to hold South Africa accountable and protect their nationals abroad. Ghana has already taken steps such as repatriating citizens amid the tensions.
Quote from Femi Falana: “South Africa must be held accountable. The failure to protect African brothers and sisters from xenophobic attacks undermines the very principles of African unity and solidarity that helped end apartheid. We call on Nigeria, Ghana, and other affected nations to leverage the African Court to seek justice, reparations, and lasting reforms.”
This latest call builds on long-standing concerns over xenophobia in South Africa and underscores the need for collective African action to safeguard migrant rights and promote regional harmony.