Romanus Ugwu and Godwin Tsa, Abuja




The Federal Government has begun plans to drag the South African government to the African Court on Human and Peoples Right in Arusha, Tanzania.

The legal option is to enforce the fundamental rights and freedoms of Nigerians and other African nationals in South Africa affected by anti-foreigner violence..

A highly placed source in the Federal Ministry of Justice said the action is consequent upon the refusal of the South African government to adopt diplomacy to resolve the killings, and also to the fact that Nigeria is a party to the African Charter on Human and Peoples’ Rights, having ratified the charter on June 22, 1983.

Besides, the legal option, according to the source, is further predicated on Nigeria’s ratification of the Protocol to the African Charter on Human and Peoples Rights on the establishment of an African Court on Human and Peoples Rights, done on May 20, 2004

Specifically, the source said: “Following repeated incidents of killings, maiming and destruction of properties of Africans, especially Nigerians living in South Africa, and since it appears diplomacy has failed to prevent the South Africans from committing xenophobic attacks on foreigners, particularly Nigerians, it behooves the Federal Government to exercise its duty under international law to protect the rights of its citizens in diaspora.

“It is an elementary principle of international law that a state is entitled to protect its subjects, when injured by acts contrary to international law committed by another state, from whom they have been unable to obtain diplomatic action or international judicial proceedings on his behalf, a state is in reality asserting its own rights, its right to ensure, in the person of its subjects, respect for the rules of international law.

“In a South African reported case, Kaunda v. President of the Republic of South Africa, which lends credence to the Nigeria’s position, the Constitutional Court of that country states that: ‘There may … be a duty on government, consistent with its obligations under international law, to take action to protect one of its citizens against a gross abuse of international human right norms.

“A request to government for assistance in such circumstances where the evidence is clear would be difficult, and, in extreme cases, possibly impossible to refuse. It is unlikely that such a request will ever be refused by government, but, if it were, the decision will be justiciable and the court will order the government to take appropriate actions.’

“Thus even if Nigerian government is refusing to act in this circumstance, Nigeria can be compelled to take action by the court. The decision of the South African Constitutional Court is further corroborated by Article 19 of the Draft Articles on Diplomatic Protection, which provides that: ‘A state is entitled to exercise diplomatic protection according to the present draft articles, give due consideration to the possibility of exercising diplomatic protection, especially when a significant injury has occurred; take into account, wherever feasible, the views of injured persons with regard to resort to diplomatic protection and the reparation to be sought; and transfer to the injured person any compensation obtained for the injury.’

“Nigeria is thus entitled to take action in this xenophobic attacks on her citizens because South Africa has blatantly and with impunity failed to apply the ‘National Treatment’ principle, treatment equal to that given by South Africa to its own nationals to foreigners within its territory and consistently encouraged gross violation of the fundamental rights and freedoms of Nigerian citizens living in that country.”

Continuing, he told Daily Sun that, when a state disregards the application of either, the “international minimum standards” or the “national treatment” principles by resorting to killings, indiscriminately arresting and violating the fundamental rights and freedoms of foreign nationals in its territory, it is a clear violation of Article 55 (c) of the United Nations Charter and other International Human Rights.”

When Daily Sun sought the reaction of the Attorney-General of the Federation and Minster of Justice, Abubakar Malami (SAN), on the issue, he declined comments.

Meanwhile, the All Progressives Congress (APC) has charged the Buhari government to be ruthtless in handling the attacks.

Addressing newsmen n Abuja, APC National Chairman, Adams Oshiomhole, asked the Federal Government to severe all economic relationships with South Africa.

While demanding the avoidance of South African business interests, he urged Nigerians to drop their MTN SIM cards.

He also advised government to revoke agreements over the ownership of Shoprite, Stanbic IBTC Bank and Standard Chattered Bank, among others.

“South African companies are making billions of dollars from the Nigerian economy year-in-year-out, and repatriate same out of Nigeria…in order to send a very strong message to South African authorities and South African people, urge Nigerian government to take steps to take over the remaining shares of MTN that are owned by South Africans so that MTN becomes fully Nigerian-owned.”

izzou:


Oshiomole is advising us to drop our MTN SIM cards, when I can see his MTN number is online on my whatsapp status

Nonsense

cdqyehyeh:
Not a play bro, What Oshiomole said was the best solution have ever heard of, lets do that for at least a month and see how fast S/A goverment will react

izzou:


Oshiomole is advising us to drop our MTN SIM cards, when I can see his MTN number is online on my whatsapp status

Nonsense

izzou:


What about your Dstv? What should we do about that?

The point is not to start hurting their businesses, but to force them to compensate and stop future attacks

We can diplomatically cajole other countries to cut ties with them. Let other countries(Maybe West African) suspend ties with SA, and watch them call for a truce

SA government does not own MTN or DSTV.

Its just like saying Ghanaians should boycott Globacom and Buhari will beg

izzou:


What about your Dstv? What should we do about that?

The point is not to start hurting their businesses, but to force them to compensate and stop future attacks

We can diplomatically cajole other countries to cut ties with them. Let other countries(Maybe West African) suspend ties with SA, and watch them call for a truce

SA government does not own MTN or DSTV.

Its just like saying Ghanaians should boycott Globacom and Buhari will beg

Iamgrey5:
Bro this is not true

Nigeria is the biggest trading partner of South Africa on the continent because most of this companies.

We sell crude oil to them and repratriat money back to their country.

If we Nationalise MTN and DStv it will affect their trade and business policies.

Hence, the glo example can't work because glo doesn't control huge market share in Ghana and our economy is wired in a different way.

Nigeria can survive because Nigeria once survived something similar in 2014 when America our largest trading partner in the world stop buying our crude oil.

The only problem are the Nigerian elites who have some shares in SA companies stalling any retaliation.