Xenophobic attacks: Impose economic sanction on South African firms, Falana tells FG

Human rights lawyer, Femi Falana (SAN), has called on the Federal Government to impose economic sanctions on South African companies operating in Nigeria in response to recurring xenophobic attacks on Nigerians and the destruction of their businesses in South Africa.

Falana said diplomatic protests alone would not compel the South African government to take decisive action against attacks targeting Nigerians, stressing that Nigeria should adopt measures based on the principle of reciprocity in international relations.

Speaking with journalists in Ado-Ekiti, the Ekiti State capital, at the weekend, the senior lawyer argued that while the Federal Government could lodge a complaint before the African Union (AU), such a move would have limited impact.

According to him, South Africa wields significant influence within the African Union, and any complaint may only result in the adoption of a resolution without concrete enforcement.

Falana maintained that Nigeria has a responsibility to respond appropriately if Nigerians are being driven out of South Africa and their businesses destroyed.

He urged Nigerians to patronise alternatives to South African-owned businesses, including telecommunications company MTN, saying such actions would send a strong message to the South African authorities.

He also advocated the revocation of mining licences granted to South African companies operating in Nigeria, insisting that stronger economic measures would demonstrate Nigeria’s commitment to protecting its citizens abroad.

“The Federal Government will have to employ diplomatic action, but beyond that, it should also adopt economic measures against South African companies operating in Nigeria.

“International diplomacy is about reciprocity. If they chase out Nigerians and destroy their businesses, Nigeria has a duty to act. South African companies should be sanctioned where there are alternatives.

“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.

“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.

Falana also called on the Federal Government to grant Nigerians direct access to the African Court on Human and Peoples’ Rights.

“There is the African Court on Human and Peoples’ Rights in Arusha, Tanzania, established by the African Union to address human rights abuses in member states. Nigeria has refused to allow its nationals access to that court by failing to deposit the necessary instruments.

“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.

“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,” he said.

Falana, however, also faulted the Nigerian government for failing to adequately protect its citizens from harassment and human rights violations across Africa.

He argued that Nigeria has denied its citizens an important legal avenue for redress by failing to recognise the jurisdiction of the African Court on Human and Peoples’ Rights to entertain individual petitions, thereby limiting victims’ ability to seek justice at the continental level.