Senior Advocate of Nigeria (SAN), Femi Falana, has urged the Federal Government to move beyond diplomatic protests and institute legal proceedings against South Africa over the alleged killings and abuse of Nigerians in the country.
Falana’s call followed the reported killing of a Nigerian cleric, Bishop Michael Taiwo Fakunle, who was allegedly shot dead at his residence in Johannesburg on September 4 by unknown gunmen.
According to reports, Fakunle had received threats before his death.
Barely 24 hours later, another Nigerian, James Uchechukwu Nwankwo, reportedly died following an alleged interrogation by officers of the South African Police Service.
Falana, citing comments 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, including four reportedly killed by South African security personnel.
He further claimed that more than 100 Nigerians had been killed in South Africa between 2022 and 2026, with over 30 allegedly killed by personnel of the South African Police Service and South African Defence Force.
The human rights lawyer expressed concern that despite repeated complaints by the Nigerian government, those allegedly responsible for the killings had not been arrested, prosecuted or brought to justice.
Falana argued that the Federal Government had both constitutional and international obligations to protect Nigerians and pursue justice whenever their fundamental rights were violated abroad.
He therefore called on Nigeria to institute an interstate case against South Africa before the African Court on Human and Peoples’ Rights.
The SAN cited the Court’s decision in the case concerning the family of slain Burkinabe investigative journalist Norbert Zongo, in which Burkina Faso was held responsible for failing to properly investigate his assassination and was ordered to pay reparations.
He also referenced the ECOWAS Court’s judgment in the Apo Six case, where Nigeria was held responsible for human rights violations arising from the killing and ill-treatment of citizens during a security operation in Abuja.
According to Falana, the cases demonstrate that states can incur international responsibility when they fail to properly investigate serious violations of the right to life.
He noted that both Nigeria and South Africa are parties to the African Charter on Human and Peoples’ Rights and have ratified the protocol establishing the African Court.
Falana recalled that he had, in July 2026, urged Nigeria, Ghana and other African countries affected by xenophobic attacks to take South Africa before the African Court.
He also disclosed that he petitioned the African Commission on Human and Peoples’ Rights in May over alleged xenophobic attacks and other violations against Nigerians and other African nationals in South Africa.
The human rights lawyer 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 bring cases directly before the Court.
He called for 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 to document cases of killings, torture and other serious abuses against Nigerians.
Such a mechanism, he said, should also monitor investigations and prosecutions by South African authorities and ensure that victims and their families receive appropriate justice and compensation.
Falana maintained that South Africa had a duty to protect Nigerians and other African nationals within its territory.
He urged the Federal Government to demand accountability from South Africa and make full use of available regional and international legal mechanisms to protect Nigerian citizens and secure justice for victims of alleged abuses.
