Senior Advocate of Nigeria and human rights activist, Femi Falana, has petitioned the African Commission on Human and Peoples’ Rights over alleged persistent xenophobic attacks, killings and human rights violations targeting 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 intervene urgently and refer the matter to the African Court on Human and Peoples’ Rights for binding adjudication.
The senior lawyer accused South African authorities of failing to adequately protect foreign nationals from recurring violence, intimidation and discrimination.
According to Falana, the attacks represent a “persistent, widespread and well-documented pattern of xenophobic violence” rather than isolated incidents.
He alleged that the attacks had led to killings, physical assaults, arbitrary arrests, torture, looting, destruction of businesses, forced displacement and threats to the safety of African migrants living in South Africa.
The petition referenced recent incidents involving two Nigerians, Amaramiro Emmanuel and Ekpenyong Andrew, who reportedly died in April 2026 in separate incidents allegedly involving members of the South African National Defence Force.
Falana stated that Andrew reportedly died after being arrested in Pretoria following an altercation with law enforcement officials, while Emmanuel allegedly died from injuries inflicted by security personnel.
He said the incidents had heightened concerns within the Nigerian community over the conduct and accountability of South African security agencies.
The petition also cited fresh mob attacks against African migrants, claiming that videos circulated in May 2026 showed groups assaulting Black foreign nationals, threatening them and demanding that they leave the country.
According to the petition, victims were allegedly beaten, harassed and subjected to degrading treatment amid growing anti-foreigner rhetoric.
Falana stated that incidents of xenophobic violence had been reported in Gauteng Province, Durban, Cape Town, East London, KwaZulu-Natal and Eastern Cape.
He further disclosed that diplomatic missions, including the Nigerian High Commission in South Africa, had issued security advisories warning citizens about planned protests and possible violent attacks targeting foreign nationals.
The human rights lawyer added that other African countries, including Ghana, had also expressed concerns over the safety of their citizens in South Africa.
According to him, more than 130 Nigerians have requested evacuation from South Africa over fears for their safety.
Falana argued that the violence was fuelled by entrenched hostility towards migrants, socio-economic tensions and what he described as an inadequate response by the South African government.
He also claimed that women and children were particularly vulnerable to violence, exploitation and displacement during such attacks.
Recalling previous incidents, Falana noted that at least 127 Nigerians had reportedly been killed in xenophobic attacks in South Africa by 2019, leading to protests and diplomatic engagements between both countries.
He accused the South African government of failing to consistently prosecute perpetrators of xenophobic violence, thereby creating a climate of impunity.
Falana further criticised President Cyril Ramaphosa, alleging that the South African leader had downplayed recent attacks despite previously condemning similar incidents.
The petition argued that South Africa had violated multiple provisions of the African Charter, including rights relating to life, dignity, liberty, equality before the law, movement, property ownership and family protection.
Falana urged the African Commission to declare South Africa in violation of its obligations under the charter and to conduct an independent investigation into the attacks.
He also requested the commission to refer the case to the African Court on Human and Peoples’ Rights and seek compensation, reparations and structural reforms aimed at protecting foreign nationals in South Africa.
In addition, the petition called on South African authorities to strengthen protection mechanisms for migrants, prosecute perpetrators of xenophobic violence and address the root causes of discrimination and insecurity.
