Senior Advocate Femi Falana has urged Nigeria, Ghana and other African countries whose nationals were killed or brutalised in xenophobic attacks to sue the South African Government before the African Union Court on Human and Peoples’ Rights in Arusha, Tanzania.
Also, Director-General of the Michael Imoudu National Institute for Labour Studies (MINILS), Ilorin, Kwara State, Issa Aremu, urged South African leaders to uphold the enduring values of the late President Nelson Mandela by promoting tolerance, reconciliation and Pan-Africanism while taking decisive steps to end xenophobic attacks against immigrants.
Falana, in a statement, said the African Union (AU) does not have the power to compel South Africa to pay compensation to victims of xenophobic attacks.
He said: “The decision of the governments of Nigeria and Ghana to report South Africa to the African Union is completely diversionary and time-wasting.
“Both countries ought to have realised that the African Union lacks the competence to direct the Ramaphosa regime to pay compensation to the victims of xenophobic attacks.
“Therefore, both countries should not approach the African Union as it can only pass a resolution which will be ignored by the Government of South Africa, whose officials have, in their rhetoric, recklessly endorsed the xenophobic attacks.”
The lawyer added: “The case should be submitted pursuant to Article 5 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, 1998.
“Apart from seeking provisional measures to stop further attacks, the Governments of Nigeria and Ghana should pray the court to award aggravated damages against the South African Government.”
Falana noted that thousands of Nigerian migrants were recently chased out of South Africa by misguided youths who subjected African migrants to xenophobic attacks without any legal justification.
He also recalled that President Bola Ahmed Tinubu’s administration had announced that it would seek compensation from South Africa for Nigerians who were attacked and forced to flee the country without any opportunity to dispose of their investments and assets.
He recalled that the spokesperson for Nigeria’s Ministry of Foreign Affairs, Kimiebi Imomotimi Ebienfa, had stated that the issue of compensation would be discussed between the two governments “at the highest levels.”
Based on the assurance, the Nigerian Acting High Commissioner to South Africa, Alexander Ajayi, announced that the government had begun documenting businesses and properties left behind by Nigerians.
He said the documentation was aimed at facilitating discussions with South African authorities on compensation for “victims who were forced to abandon their investments and livelihoods due to safety concerns.”
Falana regretted what he described as the insensitivity of President Ramaphosa to the incident.
“Out of sheer insensitivity, the Cyril Ramaphosa administration has turned around to reject Nigeria’s request for compensation for her citizens who were forced to abandon their businesses and properties after fleeing renewed xenophobic attacks in the country.”
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