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Human rights lawyer, Femi Falana (SAN), has called on the Nigerian Government to impose economic measures on South African companies operating in Nigeria over recurring xenophobic attacks on Nigerians and the destruction of their businesses in South Africa.
Falana argued that diplomatic protests alone would not compel the South African government to take decisive action against attacks targeting Nigerians, urging the Nigerian Government to adopt measures based on the principle of reciprocity in international relations.
The senior advocate spoke with journalists on Saturday in Ilawe-Ekiti after a reception held in honour of the late Alawe of Ilawe-Ekiti, Oba Adebanji Alabi.
According to him, Nigeria’s reported plan to approach the African Union over the attacks may not produce meaningful results, as it could end with resolutions lacking effective enforcement.
“The Nigerian Government will have to employ diplomatic action, but beyond that, it should also adopt economic measures against South African companies operating in Nigeria,” Falana said.
He maintained that international diplomacy operates on the principle of reciprocity and insisted Nigeria must respond firmly if its citizens and their investments continue to come under attack.
“International diplomacy is about reciprocity. If they chase out Nigerians and destroy their businesses, Nigeria has a duty to act. South African companies here should be sanctioned where there are alternatives,” he said.
Falana specifically urged Nigerians to consider switching from South African-owned telecommunications company MTN to alternative service providers as a peaceful economic response.
“Where there are alternatives, Nigerians should be encouraged to migrate from MTN because there are alternatives. That is one way South Africa will know that Nigeria is serious,” he added.
Drawing from history, Falana recalled Nigeria’s response to apartheid-era South Africa, saying similar measures could be considered if the attacks persist.
“In the 1970s, because of apartheid in South Africa, Nigeria nationalised British Petroleum. It should also be possible today to nationalise some South African investments in Nigeria if necessary,” he said.
Beyond economic measures, Falana urged the Nigerian Government to strengthen legal avenues for victims of xenophobic attacks by allowing Nigerians direct access to the African Court on Human and Peoples’ Rights.
He noted that although the court, based in Arusha, Tanzania, was established by the African Union to address human rights violations across member states, Nigeria has yet to complete the legal process that would allow its citizens to approach the court directly.
“Nigeria has refused to allow its nationals access to that court by failing to deposit the necessary instruments,” he said.
According to Falana, if Nigerians had direct access to the continental court, victims of xenophobic attacks could have instituted legal proceedings against South Africa.
“If Nigerians could approach the African Court in the same way citizens can approach the ECOWAS Court in Abuja, South Africa would have been dragged before the court by victims of xenophobic attacks,” he stated.
He challenged the Nigerian Government to urgently deposit the required instruments to enable Nigerians to seek justice before the African Court.
“I challenge the government of Nigeria to allow citizens access to the African Court without any further delay. Victims of gross human rights violations in African countries should have the opportunity to seek justice before the continental court, just as they can at the ECOWAS Court,” Falana said.
