A legal practitioner, Justice Osai Ahiakwo has advised the Nigerian state and Nigerians against retaliatory violence, unlawful reprisals, or military confrontation with South Africa as a result of repeated killings and xenophobic attacks against Nigerians in their country.
He said such would simply violate the principles of sovereign equality, and non-intervention.
In an interview with DAILY POST in Calabar, Ahiakwo said any response to the South African attacks must remain consistent with international law.
He said it should not necessarily adopt the tit-for-tat, severance of diplomatic ties or nationalisation of South Africans assets in Nigeria.
“Nigeria’s most credible legal and diplomatic responses must take such steps as invoking bilateral agreements,
pursuing African Union and regional mechanisms, engaging international human rights institutions.
“Applying lawful diplomatic and economic pressure, strengthening citizen protection and consular support,” he said.
According to him, the South African crisis extends beyond domestic criminality.
He said the attacks have violated international human rights law, including the anti-discrimination obligations, and regional protection commitments.
Ahiakwo submitted that “Where diplomatic engagement fails to produce meaningful deterrence, lawful reciprocity through strategic diplomatic, economic, and regulatory measures remains the appropriate state response.”
He admitted that the recurring killings, xenophobic violence, and systematic attacks against Nigerians and other African nationals in South Africa have raised serious concerns under international law.
He was alarmed that the South African government has failed to exercise due diligence in preventing, prosecuting, and remedying such abuses.
He quoted several statues which the country has offended by not intervening to quell the violence against other Africans residing in their country, saying the repeated attacks represent serious challenges to these legal protections.
“Under the United Nations Charter and established international human rights frameworks, every sovereign state bears the responsibility to protect all persons within its territory, regardless of nationality, from violence, discrimination, and arbitrary harm.
“This obligation is reinforced by the Universal Declaration of Human Rights.
“Both the International Covenant on Civil and Political Rights requires state authorities like South Africa to safeguard all residents from unlawful killings, hate-based violence, and discriminatory law enforcement failures,” he added.
He stressed that the systemic xenophobic violence against fellow Africans undermines not only these legal duties but also the political ideals of African unity, regional cooperation and Pan-African solidarity.
