Falana Petitions African Commission Over Xenophobic Attacks on Nigerians in South Africa
Human rights lawyer, Femi Falana, SAN, has petitioned the African Commission on Human and Peoples’ Rights over persistent xenophobic attacks, killings, and alleged violations of the rights of Nigerians and other African nationals in South Africa.
In the petition filed under the African Charter on Human and Peoples’ Rights, Falana urged the Commission to urgently intervene and refer the matter to the African Court on Human and Peoples’ Rights for binding adjudication. He accused the South African government of systemic failure in protecting foreign nationals from recurring violence, intimidation, and discrimination.
Falana highlighted recent incidents involving two Nigerians, Amaramiro Emmanuel and Ekpenyong Andrew, who reportedly died in April 2026 in separate encounters with South African security personnel. He also cited fresh mob attacks in May 2026 where videos showed groups assaulting African migrants and demanding they leave the country.
The petition documented killings, assaults, arbitrary arrests, torture, looting, destruction of businesses, and forced displacement, stressing that women and children were disproportionately affected. Falana recalled that at least 127 Nigerians had been killed in xenophobic attacks by 2019, with little accountability for perpetrators.
He argued that South Africa had violated multiple provisions of the African Charter, including rights to life, dignity, liberty, equality, property, and family protection. Falana urged the Commission to find South Africa in breach of its obligations, conduct an independent investigation, and refer the matter to the African Court under Rule 118 and Articles 5(1)(a) and 6(1) of the Court’s Protocol.
The petition seeks compensation and reparations for victims, guarantees of non-repetition, and structural reforms to protect foreign nationals. Falana also called on the Commission to invoke Article 58 of the Charter by bringing the matter before the African Union Assembly of Heads of State and Government, citing “serious or massive violations” of human rights.
