A Senior Advocate of Nigeria, Femi Falana, has urged the Nigerian Government to move beyond diplomatic condemnations and institute legal proceedings against South Africa over alleged killings and abuse of Nigerians in the country.
Falana’s 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 unknown gunmen at his residence after reportedly receiving threats.
About 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 deaths brought to eight the number of Nigerians allegedly killed in South Africa in 2026, 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, including over 30 allegedly killed by officers of the South African Police Service and South African Defence Force.
Falana said despite repeated concerns raised by Nigeria, no one had been arrested, prosecuted or brought to justice over the reported killings.
Falana proposes African Court action
The human rights lawyer argued that the Nigerian Government had both constitutional and international human rights obligations to protect its citizens and seek justice where their rights were violated abroad.
He urged Nigeria to institute an interstate case against South Africa before the African Court on Human and Peoples’ Rights.
Falana cited the African Court’s decision in a case involving the family of murdered 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 decision 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 failure by a state to properly investigate serious violations of the right to life can result in state responsibility.
He noted that 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 said 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.
Calls for coordinated investigation
Falana appealed to the Nigerian Government to make the declaration required under Article 34(6) of the African Court Protocol, which would allow individuals and eligible non-governmental organisations to bring cases directly before the court.
He also called for a coordinated mechanism involving the Ministry of Foreign Affairs, Nigeria’s diplomatic mission in South Africa and the Federal Ministry of Justice.
The mechanism, according to him, should document cases of killings, torture and other serious abuses against Nigerians and monitor investigations and prosecutions by South African authorities.
Falana maintained that South Africa had a duty to protect Nigerians and other African nationals within its territory.
He urged the Nigerian Government to demand accountability, pursue available regional legal remedies and seek justice and compensation for victims and their families.