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The International Criminal Court has dismissed an anonymous petition seeking an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity.
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The Federal Government welcomed the dismissal but accused the ICC of bypassing established procedures by assigning an unverified communication from an unknown submitter to Pre-Trial Chamber II on August 26, 2026.
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Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, said the ICC Prosecutor, a state party or the United Nations Security Council has the recognised authority to trigger the relevant process.
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The AGF stressed that no ICC investigation has been opened against Nigeria and that the court has made no adverse finding against the Nigerian State or its institutions, while insisting that domestic authorities retain primary responsibility for prosecuting kidnapping and banditry.
September 04, (THEWILL) — The International Criminal Court (ICC) has dismissed an anonymous petition seeking an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity, but the decision has triggered a sharp reaction from the Federal Government, which accused the Court of bypassing its own procedural safeguards.
The petition, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity,” was filed as Document No. ICC-RoC46(3)-01/26.
According to the Federal Government, ICC Pre-Trial Chamber II dismissed the request on September 1, 2026, after determining that it was not properly before the Court and lacked a legal basis.
However, rather than simply welcoming the dismissal, the government raised questions over the circumstances in which the petition was allowed to reach the Pre-Trial Chamber in the first place.
Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, said the filing was submitted by an unidentified person and was not verified before it was assigned to Pre-Trial Chamber II.
He said the President of the Pre-Trial Division initiated the process on August 26 under Regulation 46(3) of the Regulations of the Court.
Fagbemi described the action as an unusual departure from established procedures under the Rome Statute, warning that the handling of an anonymous and unverified filing could undermine confidence in the ICC’s judicial processes.
“The Federal Government notes with serious concern that on 26th August 2026, the President of the Pre-Trial Division improperly initiated a procedural process by assigning an unverified filing from an anonymous submitter to Pre-Trial Chamber II,” the minister said.
Faulting the procedural route through which the filing was brought before the judges, the AGF argued that the authority to assess information relating to alleged crimes and determine whether the statutory requirements for an investigation are met rests with the ICC Prosecutor.
He further pointed out that a formal referral can come from a State Party to the Rome Statute or from the United Nations Security Council.
Against that background, the minister questioned the authority of the President of the Pre-Trial Division or a Pre-Trial Chamber to receive anonymous petitions or interfere in the internal security affairs of a sovereign state outside the procedures prescribed by the Rome Statute.
The Federal Government said it would make representations to the ICC over the matter.
According to Fagbemi, the fact that the petition was eventually thrown out did not remove the government’s concern over its initial processing.
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He maintained that allowing an unverified communication from an “unknown submitter” to trigger an internal judicial process could create an unnecessary perception that the court was acting outside its established framework requirements for consideration by the court.
The AGF further anchored the Federal Government’s position on the principle of complementarity under the Rome Statute.
The principle recognises that national authorities have the primary responsibility for investigating and prosecuting crimes committed within their territory, with the ICC exercising jurisdiction in circumstances prescribed by the Rome Statute.
While the petition sought ICC intervention over what its title described as “systemic kidnappings” in Nigeria and attempted to frame the crisis within the jurisdiction of international criminal justice, Fagbemi emphasised that kidnapping, banditry and other domestic criminal offences remain principally within the constitutional responsibilities of its law-enforcement and judicial institutions.
“Nigeria remains a steadfast State Party to the Rome Statute, committed to international accountability and the rule of law,” Fagbemi said.
He stressed that the country’s commitment to international accountability should not be interpreted as acceptance of what Abuja considers improper procedural intervention.
The Federal Government consequently urged all organs of the ICC to strictly adhere to the Court’s statutory procedures.
It warned that unchecked administrative processing of anonymous and unverified requests could damage confidence in the international criminal justice system and strain the relationship between the Court and sovereign member states.
No Investigation Opened Against Nigeria
Fagbemi said no investigation had been opened against the country and that the Court had made no adverse finding against the Nigerian government, its institutions or the Nigerian State.
“The Federal Government reassures the Nigerian public and the international community that no investigation has been opened by the ICC against Nigeria, nor has any adverse finding been made against the Nigerian State or its institutions,” he said.
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