‘Take Punitive Actions Against RSA Over Xenophobic Attacks’, Rights Lawyer, Emma Ogebe Writes Dabiri-Erewa
The Oasis Reporters
August 4, 2019
Hon Abike Dabiri-Erewa
Chair/ ED
Nigerian Diaspora Commission
Abuja, Nigeria
Dear Honorable Abike Dabiri-Erewa,
ISSUES OF URGENT CONCERN AFFECTING NIGERIAN CITIZENS IN DIASPORA
I write to you concerning the latest regrettable deadly acts of xenophobic terrorism unleashed on African immigrants in South Africa.
Worse still, we are disturbed to hear reports that last week, Nigerian citizens ran to the Nigerian embassy for refuge from murderous South African lynch mobs and their embassy denied them entry to safety.
As you are well aware, under international law, embassies are foreign soil. A non-citizen can run to any embassy fleeing local authorities and be safe from their jurisdiction. Julius Assange of Wikileaks fled to the Ecuador embassy in London and remained there in safety for over 5 years, even though he is not a citizen of Ecuador or of Britain, until the embassy handed him over to the UK authorities recently.
This shocking maltreatment of Nigerian citizens both by the hostile host nation and then by their own embassy is highly condemnable.
To make matters worse, a senior South African government official has given voice and legitimate cover to xenophobia by his inciting remarks.
Against this background, we are constrained to make the following recommendations:
Nigeria must hold the authorities of South Africa responsible for every life and property lost by Nigerian citizens and necessary compensation must be paid by the South African government
Failing that, Nigeria should revoke the reduced penalty given South African company MTN and demand payment in full of the $5.2 Billion fine for violation of Nigerian laws. The fine should be used to rehabilitate, evacuate and compensate affected Nigerians accordingly.
Failing that, Nigeria should confiscate shares in MTN alloted to South African entities and suspend repatriation of capital by MTN to various dubious offshore tax havens and to South Africa until all victims are fully compensated.
Nigeria should revoke the work permits of senior South African executives in Nigeria until such a time as reciprocal safety and security of Nigerians in that country are guaranteed.
FGN should suspend usage of MTN services throughout the MDAs and port to other carriers
Nigeria should boycott the World Economic Forum in South Africa this month and any similar engagements as several other countries have already done.
Nigeria should suspend the operations of South African Airways to Nigeria.
Nigeria should demand the dismissal of South African deputy police minister Mkongi for his xenophobic remarks.
FGN should suspend patronage of any South African branded services in the MDAs as well as ban all imports therefrom.
Nigeria should declassify and publish the details of its covert and overt support for the liberation of South Africa from apartheid.
The last is crucial as current generations including deputy police Minister Mkongi may not know or appreciate the role Nigeria played in South Africa’s freedom.
For those who do not recall, Nigeria spent millions of dollars funding the ANC in its struggle against apartheid, while it’s leaders put the liberation of South Africans at the core of its foreign policy. Nigeria also led a successful boycott of the Commonwealth games in London and challenged both the US and UK whose policies were soft on the racist and murderous regime. Nigeria risked a lot to maintain the high moral ground on this issue.
Personally I attended university with South African students in University of Jos who were there on full scholarship by the government of Nigeria. They had more benefits than me a citizen. Their flights, meals and books were paid for. I paid for mine. South Africans attended Federal Govt Colleges – elite institutions that many Nigerians could not get into.
Apart from military and diplomatic support – which are the highest intervention tools in global statecraft – Nigeria educated a generation of South Africans equipping them with the intellectual capacity for leadership even ahead of independence.
Despite all of Nigeria’s strategic investments in the freedom and future of South Africa, South Africa has not reciprocated the same.
You will recall years ago, when you were in the National Assembly, that the govt introduced mandatory data capture for SIM card owners and paid over 6 billion for SIM registration although this should have been paid by the telcos themselves.
It was done because of terrorism for national security reasons. Prominent elder statesman Chief Olu Falae was kidnapped by Fulani herdsmen from his farm. In the effort to trace his kidnappers through their phone lines, it was discovered that MTN had failed to comply with the data capture law for their customers. So the kidnappers were freely calling to demand ransoms using untraceable MTN lines!
MTN was fined $5.2 billion according to the law but the fine was reduced despite undermining our national security.
Most of the foreign telcos export much of their 3 trillion naira turnover out of the Nigerian economy. MTN for instance through a convoluted money laundering scheme has been said to funnel the money taken from Nigeria to offshore accounts in some tax haven islands where they are out of reach of both the Nigerian and South African governments and it is unclear who they really are for the benefit of.
Similarly, it is reported that the salaries of many South African MTN officials are charged to their Nigeria office even though they are based in South Africa to evade taxes in Nigeria by claiming unrelated expenses.
Nigerians are being taken advantage of by MTN and other RSA companies and I urge you to request your former colleagues in the NASS and also EFCC to investigate them accordingly.
I urge you to prevail on the South African government to comport itself in consonance with civilized norms and if it has any issues with specific citizens to follow due process as the US recently did with the arrest and extradition of suspected offenders. This recourse to barbarism is a disgrace to Mandela’s South Africa.
Thank you for your kind attention as you work to respond robustly to these distressing developments for Nigerians in Diaspora.
Sincerely,
Emmanuel Ogebe, ESQ
US NIGERIA LAW GROUP
WASHINGTON DC USA
