Senior Advocate of Nigeria Femi Falana has approached the African Commission on Human and Peoples’ Rights over what he described as escalating xenophobic attacks and insecurity faced by Nigerians and other African nationals in South Africa.
In the petition submitted 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 cited what he called a sustained pattern of violence, including killings, assaults, arbitrary arrests, torture, looting of businesses, forced displacement, and intimidation targeting foreign nationals.
“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.
“These violations are neither isolated nor sporadic; rather, they reflect a recurring cycle of attacks marked by killings, physical assaults, arbitrary arrests, torture, looting, destruction of businesses, forced displacement, and sustained threats to life and personal security.”
Falana referenced incidents reported by the Nigerian Consulate-General in Johannesburg, including the deaths of two Nigerians in April 2026, allegedly involving members of the South African National Defence Force (SANDF).
“Recent incidents further underscore the gravity and continuity of these violations. According to the Nigerian Consulate-General in Johannesburg, two Nigerian nationals—Amaramiro Emmanuel and Ekpenyong Andrew—were killed in April 2026 in separate incidents involving personnel of the South African National Defence Force (SANDF),” it read in part.
He added that one victim allegedly died after arrest in Pretoria, while another succumbed to injuries linked to security personnel actions, raising concerns over accountability.
“These incidents have caused widespread shock within the Nigerian community and raise serious concerns about the conduct and accountability of state actors.”
Falana also highlighted renewed mob violence, noting that circulating videos showed assaults on African migrants and threats demanding their departure.
“Videos widely circulated in May 2026 show groups of South Africans assaulting Black foreign nationals, issuing threats, and demanding that they leave the country,” it added.
The petition further stated that attacks have been recorded across multiple regions including Gauteng, Durban, Cape Town, East London, KwaZulu-Natal, and the Eastern Cape.
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“Diplomatic missions, including the Nigerian High Commission, have issued security advisories warning of planned protests and violent demonstrations targeting foreign nationals.
“Similarly, other African governments, including Ghana, have raised concerns about the safety of their citizens, describing the attacks as deeply disturbing and calling for urgent intervention.”
Falana also noted that more than 130 Nigerians had reportedly sought evacuation due to safety concerns, adding that migrants face systemic discrimination, harassment, and exclusion.
“Migrants are frequently subjected to profiling, harassment, and exclusion, with limited access to effective remedies. Women and children are disproportionately affected, experiencing heightened vulnerability to violence, exploitation, and displacement”.
He recalled earlier waves of xenophobic violence, including reports that 127 Nigerians were killed by 2019, as well as past diplomatic tensions between Nigeria and South Africa over the attacks.
Falana criticised what he described as repeated failure by South African authorities to prevent and prosecute perpetrators.
“However, instead of directing the security forces to arrest and prosecute the ongoing xenophobic attacks, President Cyril Ramaphosa has asked African migrants to respect the laws, tradition and customs of South Africa,” Falana stated.
“It is curious to note that President Cyril Ramaphosa has since turned round to deny the xenophobic attacks unleashed on African migrants.”
He argued that the situation amounts to continuing violations of the African Charter due to state failure to protect victims and ensure accountability.
“The cumulative effect of these acts constitutes continuing violations of the provisions of the African Charter, engaging the responsibility of the State for both acts and omissions, including the failure to protect individuals within its jurisdiction from harm by state and non-state actors alike,” he added.
Falana urged the Commission to investigate the allegations, declare violations, ensure compensation for victims, and recommend reforms to prevent further attacks.
He also recalled Nigeria’s earlier demand for investigation and autopsy reports following the killing of two citizens in South Africa in May 2026, which had heightened diplomatic tensions between both countries.