At last, after weighing several options in the quest to seek justice for her citizens killed through incessant and unwarranted xenophobic attacks, Nigeria has settled for legal action against South Africans to seek redress for her citizens.
The Country has resolved to drag the South African government to the African Court of Human and Peoples Right in Arusha Tanzania, following the collapse of Diplomatic moves to stop the killings.
Highly dependable sources in the Federal Ministry of Justice in Abuja said on Thursday that the legal action is to be filed in any moment to enforce the fundamental rights and freedoms of the affected Nigerians and other African nationals.
Nigeria is said to have hinged its legal action against the South Africa due to the refusal of the South African government to accept and make use of diplomacy to resolve the killing and also to the fact that the country (Nigeria) is a party to the African Charter on Human and Peoples Rights having ratified the charter on June 22, 1983.
The legal option is also 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 20th May, 2004
The source said “following repeated incidences 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 entitle 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.”