Xenophobia: Nigeria can drag South Africa to ICJ, ICC for compensation – Akin Oyebode

Prof. Akin Oyebode, a professor of International Law, on Monday said Nigeria can establish a legal case against South Africa at the International Criminal Court (ICC) at The Hague if it fails to pay compensation for the killing of Nigerians during the xenophobic attacks in that country.

Speaking on Channels Television, Oyebode, who said Nigeria must insist on compensation, said she must assert her will so that the maltreatment and humiliation of Nigerians must stop either in South Africa or any other countries.

“I believe Nigeria has to insist on payment of compensation, some form of reparation because in International Law, once a duty has been violated, there is an obligation to remedy that injury and South Africa owes a duty to accord fellow Africans domiciled in their country an international minimum standard of treatment.

“South Africa has a duty to pay compensation for the injuries Nigerians have suffered. Nigeria has a freedom of choice either to go to African Court on Human and Peoples Rights in Arusha or to go to the International Court of Justice in The Hague or the International Criminal Court at The Hague in terms of establishing the obligation of South Africa.

“I know some people might say that may be too severe but the South Africans treated us with askance, we have to assert our will and ensure that such is not repeated in any other country”.

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