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Nigeria vs South Africa: The Making of a Big Diplomatic Face-off

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…as Xenophobia Tears Africa Apart

By Eric Elezuo

Literarily defined as the fear or hatred of that which is perceived to be foreign of strange, according to Wikipedia, xenophobia is fast threatening to tear the African continent apart, notably Nigeria and South Africa.

In the last few days, uncanny events have occurred to prove that if care is not taken, the highly treasured bi-lateral relationship between Africa’s supposedly two great economic powers, Nigeria and South Africa, will be hitting a brick wall. This is prompted by current ‘sporadic and premeditated’ attacks in the cities of Johannesburg and Jeppestown, leading to massive looting and destruction of business concerns of Africa nationals majority of whom are Nigerians.

Xenophobic attacks among natives of South Africa date back to the 2000s when natives in a bid to ‘clean’ the area of foreigners engaged in violent display of hatred targeting citizens of other countries including Mozambique, Zimbabwe, Zambia, Malawi among others. The immigrants, mostly those living in the Alexandria township were “physically assaulted over a period of several weeks” in an operation tagged “Buyelekhaya” (go back home). The natives have blamed the foreigners of being the brains behind crimes, unemployment and sexual attacks.

Until, 2015, Nigeria has remained immune to the unprovoked attacks of the South Africans, and then out of the blues, a number of Nigerians were deported on the flimsy excuse of uncertified yellow card. Nigeria promptly retaliated by bundling home some South Africans whose immigration papers were less than accurate. Though the matter was resolved without rancour, the seed of diplomatic suspicion had been sown.

The xenophobic attacks resurrected in April 2015, in Durban and spread to Johannesburg when Zulu King Goodwill Zwelithini was quoted as saying that foreigners should “go back to their countries” thereby fueling a crisis.

But the South African government’s reactions to the attacks of September 1 and 3 on businesses belonging to foreigners especially Nigerians have been anything but palatable. It has brazenly defended the attacks, blaming the foreigners for their woes.

In his reaction, South African Small Business Development Minister, Lindiwe Zulu said that foreign business owners cannot expect to co-exist peacefully with local business owners unless they share their trade secrets. Zulu noted that foreign business owners had an advantage over South African business owners due to marginalisation under apartheid. “They cannot barricade themselves in and not share their practices with local business owners,” Zulu said.

The reaction drew a lot of criticisms from some African countries leading to immediate withdrawal of Rwanda, Malawi, Congo DR and others from the just concluded world Economic Forum held in South Africa. Zambia also called off a friendly match with South Africa.

In Nigeria, the Federal government’s summoning of the South African High Commissioner, Mr. Bobby Moore, did not yield any positive fruit, as the envoy seems to echo the stand of the South African government. He maintained that there were no xenophobic attacks ongoing in South Africa. He said that what was going on was attacks masterminded by criminals in which South African businesses have also been affected.

This latest response became irk of the Nigerian public, and there was an immediate reprisal attacks, targeting South African businesses nationwide. In the wake of the reprisal attacks, offices of the telecommunication giants, MTN were torched in some areas just retail shops like Shoprite, Spar and PEP were also massively looted.

Nigeria also withdrew from WEF in South Africa and recalled its ambassador. In the same vein, most Nigerian artist withdrew their participation in major events billed to take place in South Africa while some others vowed never to set foot in South Africa again until a reasonable settlement is achieved.

Ever since, both countries have been talking tough. While South Africa has declared that it will never pay compensation to those who lost their businesses as Nigeria demanded, he Federal government has been advised the annex South Africa businesses in Nigeria including MTN, Stanbic IBTC, Shoprite among others.

The rift is eating deep between the two counties that it seems there is no immediate sign of peace even as President Mohammadu Buhari said he has sent special envoy, whose identity is still shrouded in mystery, to visit President Cyril Ramaphosa of South Africa to discuss the way forward.

Stakeholders believe that it will take more than diplomatic approach to bring the crisis to a logically settlement. They said that it is not just about the physical attacks on persons and businesses. They argue that that xenophobic attacks have been going on against Nigerians in many areas, saying that South Africa will not think twice to stop Nigerians from entering their soil.

A member, South Africa Specialist Group and CEO, 1860 Travels, Mr. Francis Daodu, told The Boss that South Africa would not blink at the prospect of severing travel relationship as they have in the past make visa procurement for Nigerians a herculean task.

“In the past, it takes only a 10 days for a visa application to be ready, whether positive or negative outcome, but in recent times, one is practically held hostage, passport seized and no communication between the embassy and the applicant. When you get tired of waiting, they hand you over your passport with absolutely nothing done on it. They may not have told anyone that they are not needed in Nigeria, but their body language speaks volume. This is a clear message that Nigerians are no longer wanted in South Africa,” he said.

He hoped however that the South African government, which said it was planning an e-visa procedure before the end of the year will bring it to pass to alleviate the challenges visa applicants face.

In one of the statements of the group, titled Xenophobia, Discrimination and Racism against Nigerians in Visa Procurement by South African Embassy, they averred that:

“The discrimination has become so obvious that it appears that the Embassy is averse to having Nigerians in their homeland as a step forward in the xenophobia being practiced against Nigerians in the country. Recall that violent attacks against Nigerians in South Africa took place in 2008, 2015 and 2017, leaving many killed for no just cause other than hatred.

“This hatred has been reinvented by the Embassy in Nigeria as Nigerians who apply for visas are never given.”

Mr. Daodu believes that much as South Africa continually exhibits xenophobic tendencies against Nigeria, the truth remains they will be the loser in the event of diplomatic blockade. This is because “South African tourism has an active presence in Nigeria, and has been doing a lot of marketing and activation targeted at promoting South Africa as a foremost destination”.

As the two countries battle for diplomatic supremacy, a crisis that has spilled into the streets, it is believed that the volume of trade between both countries currently put at over $60 billion, may be affected. Also, the National Bureau of Statistics First Quarter 2019 Foreign Trade Statistics also revealed that South Africa is one of Nigeria’s top five export destinations as the country exported goods with total value of N325.5 billion or 7.2 percent to South Africa within the period. Consequently, Nigeria stands to lick its wounds should a diplomatic barrier be instituted between both countries.

Unyielding, South Africa maintains that most Nigerians in their country are drug dealers, and are the reasons behind every crime in the country. In other, since they cannot be fished out, all Nigerians, as a matter of urgency should vacate the country.

Lending credence, Nigeria’s Minister of Information, Alhaji Lai Mohammed, had informed that attacking South African business concerns will hurt Nigerians more, taking into consideration that thousands of Nigerians have both direct and indirect connection to all South African businesses operating in Nigeria. He noted that a lot of people will be returned to the labour market.

The crux of the matter remains that neither countries has taken responsibility for the its actions. While South Africa has blatantly refused to offer compensation for the loss Nigerians suffered in Johannesburg and other cities where massive looting and destruction have taken place, Nigeria is seriously considering a legal option. This is even as citizens of Nigeria have caused substantial damage to facilities and businesses not only belonging to South Africans, but to Nigerian citizens. It goes to say the least that perpetrators of the xenophobic act in South Africa and those saddled with reprisal attacks in Nigeria, are all bunch of thugs, if the voice of the South Africa Chief of Police should echoed.

“Otherwise, why will a Nigerian, who is well aware that all the businesses attacked so far have 90 per cent of Nigerian staff. In fact, smaller shops surrounding shoprite were also looted and destroyed; were those ones also South African shops? When we can’t do the right thing, thugs will always hijack it,” a social commentator, who craved anonymity said.

However, while Nigeria has arraigned 85 out of the 125 allegedly arrested during the violent protests, South Africa is yet to take action though it said some arrests have been made.

Presently, the Embassy of South Africa in Nigeria has been shut down just as most of enterprises own and run by South Africa have also closed shops. These include Shoprite, MTN and others. Again, the Federal Government of Nigeria has recalled its ambassador to South Africa, paving the way for more diplomatic brouhaha. It has however, said it would not severe diplomatic relations with South Africa.

The coming days will really be trying as it is yet unknown if Nigeria will keep to its words or will she be cutting diplomatic ties with a country it sacrificed so much to see its liberation.

 

 

 

 

 

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Prerogative of Mercy: Osun Gov Pardons 53 Convicts

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The Governor of Osun State, Ademola Adeleke, has exercise his powers of prerogative of mercy, pardoning 53 convicted inmates, including a young man sentenced to death for ‘stealing fowl’.

The governor made this known via a tweet on his official X handle with the title, PREROGATIVE OF MERCY EXTENDED TO 53 CONVICTS.

The governor noted as follows:

In line with the recommendations of the State Advisory Council on Prerogative of Mercy and in exercise of the power conferred on me by paragraph (a), (c) and (d) of subsection (i) of section 212 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), I am pleased to extend my grace and mercy unto 53 convicts serving various convictions within the Nigerian Correctional Service.

In the case of inmates convicted of simple offences, I have decided in accordance with the said recommendation to remit and forgive the remainder of the said sentences of the following 30 (thirty ) inmates in whole.

1. OLUBO SUNDAY
2. ISAH UMAR BIODUN
3. FAWAS KAREEM
4. OMIRIN TEMITAYO
5. OLARENWAJU AYOMIDE
6. DARE SUNDAY
7. OLADAPO TUNDE
8. GANIYU SAHEED
9. ADEWUMI SODIQ
10. ADEBAYO ADEOYE
KEHINDE
11. LASIS KAZEEM
12. DAUDA OJO (59 YEARS)
13. ISMAILA RAJI
14. OSENI MICHEAL
15. AJAYI KOREDE
16. ABIONA NURUDEEN
17. OSHI SAMUEL
18. SHEU YUSUF OLATUNJI
19. OJO AANU
20. MUSTAPHA KEHINDE
21. LASIS ABEEB
22. ALEXANDRA IORLAHA
23. OJO TAIWO
24. AZEEZ MUJEEB
25. AKINYEMI DAVID
26. ADEOSUN ADEKUNLE
27. OLAOBAJU SAMUEL
28. ADURA ADEFEMI
29. PAUL BASIL
30. KUNLE DAVID

I have also decided in accordance with the said recommendation to grant outright pardon to the following 12 (Twelve) inmates convicted of simple offences.

1. OLABOMIJI NURUDEEN
2. MUSTAPHA ISAH
3. OLALEKAN ABDULLAHI
4. AYOMIDE OLOJEDE
5. AKEEM RAPHAEL
6. ADEYEMI ABIODUN
7. OLADIPUPO SEGUN
8. OMISAKIN SUNDAY
9. ADEMOLA ADIO
10. TUNDE OLAPADE
11. LATE CHIEF WOLE OLA
RUFUS OJO
12. OMOLOYE OLAJIDE
OLAYEMI

In the case of the following 6 (Six) Convicts sentenced to death, I have approved the commutation of their sentence from death to outright release while OJEKUNLE TIMOTHY has his sentence commuted from death sentence to 15 (Fifteen) years imprisonment having spent at least 10 (ten) years in custody.

1 OLUWAFEMI FAGBEMI
2 BEWAJI SUNDAY
3. AMEHIN GEORGE
4. AYOMIDE ARULOGUN
5. TAIWO OLUWATOBI STEPHEN
6. ABUBAKAR ABDULAZEEZ

The following 4 (Four) Convicts also have their sentences commuted from death sentence to outright pardon.

1. SUNDAY MORAKINYO
2. SEGUN OLOWOOKERE
3. TUNDE OLAPADE
4. DEMOLA ODEYEMI

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Amnesty Demands Probe of Military Airstrike in Sokoto Communities

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Amnesty International (AI) has urged the Federal government to conduct a comprehensive, independent, and impartial investigation into a military airstrike that killed at least 10 people in two communities in Silame Local Government Area of Sokoto State.

The human rights organization called on President Bola Tinubu to promptly set up an independent inquiry into the tragic incident.

Amnesty emphasized that if investigations point to criminal responsibility, the authorities must ensure that those indicted are prosecuted in fair and transparent trials, adhering to international human rights standards.

Amnesty International criticized the Nigerian military for what it described as a consistent pattern of neglect in investigating airstrikes and other violent incidents that have repeatedly endangered civilian populations.

The organization noted that this lack of accountability has fostered a climate of fear among villagers, who live under the constant threat of recurring attacks.

“These incidents have created a vicious cycle of violence and insecurity for communities, and this must not be allowed to continue,” the statement said.

Amnesty also highlighted the need for justice and effective remedies for the victims and their families, including compensation and psychological support.

They stressed that the government’s response must go beyond investigations to address the systemic failures that enable such incidents.

The call comes amid growing concerns about civilian casualties resulting from military operations in Nigeria, raising questions about the rules of engagement and the transparency of the country’s security forces.

Observers note that accountability for military actions is critical to restoring public trust and ensuring the protection of human rights.

Amnesty’s statement underscores the urgency of addressing these systemic issues to prevent further tragedies and uphold the fundamental rights of affected communities.

The Federal government has yet to respond to Amnesty International’s demands.

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The Travails of Dele Farotimi – Out But Gagged –

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By Eric Elezuo 
Following an X post by a former presidential candidate of the African Action Congress (AAC), Omoyele Sowore, on Tuesday, embattled human rights lawyer, Mr. Dele Farotimi, has finally been released from prison, having met his N30 million bail bond condition. Other requirements for the bail included two sureties, one of whom must be a property owner, a submission of Farotimi’s passport and a prohibition of Farotimi granting media interviews once released.
He wrote, “I am pleased to report that Dele Farotimi is no longer being held at the prison yards in Ekiti State, and is now returning home to Lagos.
“The struggle continues! Happy holidays to you all!”Farotimi has been held in Ekiti Correctional Centre since his arrest on December 3 over alleged defamation charges brought against by another lawyer, Prof Afe Babalola.

Farotimi, on July 2, 2024, released a 116-page book titled Nigeria and Its Criminal Justice System, setting the stage for a clash of interest resulting in petitions, persecutions, prosecutions and gagging of privileges and rights.

Peter Obi, the former presidential candidate of the Labour Party at the 2023 ele tions, and a political ally of Farotimi, had volunteered to assist in helping embattled lawyer meet his bail conditions.

Though Farotimi is out of prison, he is a gagged man as he is not permitted to speak about his experiences to the media, and has his movements curtailed as his passport has been withdrawn from him.
Dele Farotimi, a legal practitioner of repute, has been a human rights activist for as long as he has been a lawyer, even longer, but never in the history of his practice or profession, has he been so inundated by crises as he is facing presently. This is as a result of the publication and circulation of his new book, The Nigerian Justice System, recently.
The book received a reserved condemnation from revered legal luminary, Prof Afe Babalola, who is also the Founder of Afe Babalola University in Ekiti State. And ever since, Farotimi has known no peace as he had been a tenant of the Ekiti State Police Command, and lately, the state’s correction centre, where he was remanded by the court, and later released on bail.
Prof Babalola had complained the a portion of the book, had defamed his person and integrity, alleging that he compromised the Supreme Court, prompting him to write a petition to the Police, who swiftly picked up Farotimi in hid Lagos home, and whisked him away to Ado Ekiti, Ekiti State, where it is a crime to defame an individual. 
The Ekiti State Police Command insisted that the human rights lawyer refused to honour invitations, giving rise to the commando fashion with which they stormed his home and took him away even as criticisms continued to trail the style of the arrest, and Police continuous denial of using unconventional means to execute the arrest.
“We got a petition from a complainant against him, ordering the publication of false news to cause fear and alarm in the public. And that is contrary to and punishable under Section 59 of the Criminal Code. And also the publication of defamatory matter, which is also contrary to Section 375 of the Criminal Code. That was the petition we got.“And after all the means used to give him a fair hearing to come and explain himself were unsuccessful, we got a court order. The command obtained a court order before proceeding to arrest him.“He was only arrested after all attempts to make him come and explain himself proved abortive. He has been investigated and the case is already in court.

“He was only arrested after all attempts to make him come and explain himself proved abortive. He has been investigated and the case is already in court,” the Command’s Public Relations Officer, Sunday Abutu, explained.

But Farotimi’s lawyer, Temitope Temokun, countered the Police statement, saying his client was never invited by the Command

“He was invited by Zone 2 on two occasions, and he went there.

“But why would you be inviting somebody to Ekiti from Lagos on something that happened in Lagos? However, he was never invited, and if he had been invited, as a lawyer, I would advise him not to go.”

The situation erupted a discourse on various fora, further questioning the the credibility of the already discredited judiciary before some Nigerians, and further popularizing the said contentious book written by Farotimi.

The lawyer reasoned that, “The book was published in Lagos. The defendant has an office in Lagos. And under the Nigerian Criminal Justice System, the law is not that you have to go to where the defendant is, to go and try the accused. You have to try the accused where the act was committed, except he had escaped justice in another state.

“So if he didn’t do that, you cannot abduct him to that state that he didn’t escape to.”

However, on appearance at The Chief Magistrates Court in the Ado Ekiti Division, days later, he was ordered to be remanded in the state’s correctional centre pending consideration of his bail application.

Considering the case, Chief Magistrate Abayomi Adeosun, after listening to the police prosecutor, Samson Osubu, who filed an 16-count allegations to which Farotimi pleaded not guilty, adjourned the matter till December 10, 2024, saying, “The defendant should file a formal application for bail. The matter is adjourned till Tuesday, December 10, 2024. The defendant is hereby ordered remanded at the Correctional Centre, Ado Ekiti.”
Farotimi’s case was further compounded when on December 7 while the adjourned December 10 date was being awaited, the Police slammed a fresh 12-count charge bordering on alleged false information to cause a breakdown of law and order on the detained activist. The legal team of Prof Babalola urged Farotimi to prove his allegations against legal luminary. They also went for the jugular, asking that Farotimi be stripped of his law license as well as ensure the stoppage of the publication and circulation of the book.The charge filed at the Federal High Court, Ado Ekiti, by the Inspector General of Police was brought under Section 24 of the Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.

In the fresh charge dated and filed December 6, Farotimi was alleged to have violated the Cybercrimes laws, when he on August 28, 2024 knowingly and intentionally transmitted a false communication in an online interview on Mic On Podcast by Seun Okinbaloye on his YouTube Channel in respect of a book he authored and published with the titled: ‘Nigeria and its Criminal Justice System’.

According to the charge, Farotimi was alleged to have in the said broadcast interview claimed that, “Aare Afe Babalola corrupted the judiciary”, a claim which he knew to be false information and made for the purpose of causing breakdown of law and order thereby committed an offence contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.

In count two, the defendant was said to have made the allegation “with the intention of bullying and harassing the named persons thereby committed an offence contrary to and punishable under Section 24 (a) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.”

In another charge, Farotimi was alleged to have on December 2, 2024, acknowledged that there was a charge preferred before a court in Ekiti State against him at the instance of Chief Afe Babalola.

“This preferred, hidden from view and the court had purportedly demanded my presence multiple times and failed to appear before the court and this Court had then proceeded to issue bench warrant for my arrest. This is classic Afe Babalola, I detailed his corruptive influence in my book titled: ‘Nigeria and its Criminal Justice System’ which you know to contain false information for the purpose of causing breakdown of law and order thereby committed an offence contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended,” the charge read in part.

In count four, Farotimi was said to have described the charge in his online broadcast as “fraudulently preferred, hidden from view and the court had purportedly demanded my presence multiple times and I failed to appear before the court and this court had then proceeded to issue bench warrant for my arrest.”

The police further accused the defendant of bullying and harassing Babalola and other named persons when through his online broadcast alleged that after he sued Babalola for libel, “the machines of corruption went into overdrive and a case that should never have been killed at the preliminary stage was killed”.

Count 10 reads: That you Dele Farotimi on December 2, 2024 intentionally sent a message in the course of a press conference held on Online on your YouTube Channel, where you stated that: “I told the truth of his corruption of the society” which you know to contain false information for the purpose of causing breakdown of law and order thereby committed an offence Contrary to and punishable under Section 24(1) (b) of Cybercrimes (Prohibition, Prevention, etc) Act 2015 as amended.

On December 10, his case was further moved to December 20 when he was granted N30 million bail. The bail conditions were completed on December 24 when he was released.

Though Farotimi is released, his freedom, which came at a cost, is not completely guaranteed as he will remain a regular visitor to courts until the final determination, which is likely to drag to the Supreme Court.

The Book Nigeria and Its Criminal Justice SystemNigeria and Its Criminal Justice System gained significant attention following its release, with Amazon listing it as the number one bestseller worldwide in its category. The book’s critical exploration of systemic issues in Nigeria’s legal and judicial landscape resonated with readers across the globe, propelling it to the top of international bestseller charts. the book received a 
 (4.00 out of 5) from the site which was based on five critic reviews.

The release of the book was accompanied by a public dispute between Dele Farotimi and Afe Babalola, In a controversial development a court in Nigeria issued an injunction halting the further production, distribution, and sale of Nigeria and Its Criminal Justice System. The decision came following a lawsuit filed by Babalola, who alleged that certain portions of the book contained defamatory statements and misrepresentations about individuals and institutions within the Nigerian criminal justice system.

FAROTIMI, THE MAN
Dele Farotimi was born on April 27, 1968, and completed his secondary education at Fiditi Grammar School. He later earned a law degree from Lagos State University where he graduated with an LL.B.
A unionist and activist, he served as President of the Student’s Union at the Lagos State University (LASU), in 1994-1995, and was called to the Nigerian bar in 1999.
Farotimi began his legal career at Adesina Ogunlana & Co specializing in advocating for a better Nigeria. Over the years with a deep commitment to human rights and justice. He practiced law actively until his retirement in 2018 at the age of 50. In addition to his legal work, Farotimi is a published author. His book, Do Not Die in Their War, addresses critical issues facing Nigeria, including corruption, governance, and the rule of law. The publication has been lauded for its candid insights and call to action for systemic change.
Dele Farotimi was arrested in lagos state on December 3, 2024, and extradited to Ekiti State by the Nigerian Police Force in connection with his book, Nigeria and Its Criminal Justice System. The arrest followed allegations of defamation brought against him by Senior Advocate of Nigeria (SAN) Afe Babalola. Farotimi’s detention sparked widespread outrage, with activists, legal practitioners, and civil society organizations condemning the action as an attempt to stifle free speech and dissent.
Additional info: The PUNCH, ThisDay and Wikipedia
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