By Seyi Odewale
The International Criminal Court (ICC) has dismissed an anonymous petition seeking an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity, with the Federal Government raising concerns over how the filing was initially processed.
The petition, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity,” was thrown out by the ICC’s Pre-Trial Chamber II on September 1 after the court held that it was not properly before it and lacked legal basis.
Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), said the Federal Government welcomed the dismissal but expressed concern that an unverified communication from an “unknown submitter” was initially assigned to the Pre-Trial Chamber.
According to Fagbemi, the President of the ICC’s Pre-Trial Division had, on August 26, initiated a procedural process by assigning the filing, referenced ICC-RoC46(3)-01/26, to Pre-Trial Chamber II.
In a statement issued on Thursday, the AGF said Nigeria considered the initial handling of the anonymous petition troubling, arguing that established procedures under the Rome Statute should not be bypassed.
He said the Chamber, comprising Judge Rosario Salvatore Aitala, Judge Sergio Gerardo Ugalde Godínez and Judge Haykel Ben Mahfoudh, subsequently dismissed the request in limine, or at the threshold.
“The Federal Ministry of Justice confirms that following this flawed initiation, Pre-Trial Chamber II… issued an official decision on September 1, 2026, unequivocally dismissing the request in limine on the clear ground that it was not properly before the Court and lacked any legal basis,” the statement said.
Fagbemi said the government was concerned that the filing was processed despite originating from an unidentified source.
“The activation of internal registry mechanisms based on an unverified filing by an ‘unknown submitter’ represents an unusual and troubling departure from the governing statutory framework of the Rome Statute,” he said.
The AGF argued that the authority to evaluate information and request an ICC investigation rested principally with the court’s Prosecutor or could arise from formal referrals by a State Party or the United Nations Security Council.
He warned that procedural lapses could undermine confidence in international criminal justice and affect the relationship between sovereign states and the ICC.
The Federal Government also stressed that no ICC investigation had been opened against Nigeria and that the dismissal did not leave any adverse finding against the country or its institutions.
“For the avoidance of doubt,” Fagbemi said, “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 maintained that under the principle of complementarity, the responsibility for investigating and prosecuting domestic crimes remained primarily with Nigerian institutions.
“Nigeria remains a steadfast State Party to the Rome Statute, committed to international accountability and the rule of law,” the AGF said.
“However, the primary constitutional responsibility for investigating and prosecuting domestic criminal activities, including kidnapping and banditry, resides firmly with Nigeria’s national judicial and law enforcement institutions.”
Fagbemi called on all organs of the ICC to adhere strictly to statutory procedures, saying this was necessary to protect the credibility of international criminal justice and sustain the confidence of member states.
The petition had sought to classify alleged systemic kidnappings in Nigeria as crimes against humanity, but the ICC Pre-Trial Chamber II dismissed it at the preliminary stage without opening an investigation into the Nigerian state.
