The International Criminal Court (ICC) has dismissed an anonymous petition seeking an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity.
This was made known in a statement released on Thursday and signed by Kamarudeen Ogundele, Special Adviser to the President on Communication and Publicity, Office of the Attorney-General of the Federation and Minister of Justice.
Reacting to the anonymous petition, the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), described the application as unmeritorious and said it had bypassed established legal channels.
The filing, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity,” was registered as Document No. ICC-RoC46(3)-01/26.
According to Fagbemi, the Federal Government was concerned about the manner in which the matter was initially processed despite its eventual dismissal by the ICC.
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He said that on August 26, 2026, the President of the Pre-Trial Division of the ICC improperly initiated a procedural process by assigning the unverified filing from an anonymous submitter to Pre-Trial Chamber II, purportedly pursuant to Regulation 46(3) of the Regulations of the Court.
“This administrative assignment was executed without a prior, reasoned threshold determination on the competence of the Pre-Trial Chamber or whether the communication was manifestly frivolous, thereby breaching the foundational procedural safeguards established under the Court’s own regulations,” Fagbemi said.
ICC Dismisses Petition
Fagbemi stressed that the Pre-Trial Chamber II, comprising Judge Rosario Salvatore Aitala, Presiding, Judge Sergio Gerardo Ugalde Godínez and Judge Haykel Ben Mahfoudh, subsequently issued its decision on September 1, 2026.
The Chamber dismissed the request “in limine”, meaning at the threshold, on the ground that it was not properly before the Court and lacked any legal basis.
“While the Federal Republic of Nigeria acknowledges the swift decision of Pre-Trial Chamber II to throw out this unmeritorious application, the Federal Government observes with serious concern that the initial processing of this anonymous communication unusually bypassed established legal channels,” Fagbemi said.
“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.”
Fagbemi Challenges Procedure
The Attorney-General said Nigeria was making representations to the ICC over the manner in which the anonymous communication was processed.
He maintained that internal administrative guidelines could not be used to circumvent the provisions of the Rome Statute.
“For the avoidance of doubt, internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute,” he said.
Fagbemi added that the authority to evaluate information or request an investigation rested with the ICC Prosecutor or could arise through formal referrals by a State Party or the United Nations Security Council.
“The authority to evaluate information or request an investigation rests solely with the Prosecutor of the ICC, or through formal referrals by a State Party or the UN Security Council,” he said.
He further argued that neither the President of the Pre-Trial Division nor any Pre-Trial Chamber had the power to receive anonymous petitions or interfere in the internal security matters of a sovereign nation.
FG Warns of Impact on ICC Credibility
The Attorney-General said the handling of unverified anonymous requests could affect confidence in the ICC’s judicial processes and its relationship with member states.
“The Federal Government emphasizes that such procedural breaches risk casting an unnecessary shadow over the integrity of the Court’s judicial processes,” he said.
“Unchecked administrative entertainments of unverified, anonymous requests have the potential to impugn and strain the progress, mutual respect, and constructive cooperation painstakingly built over the years between the Federal Republic of Nigeria and the International Criminal Court,” he added.
Nigeria retains responsibility for domestic crimes
Fagbemi stressed that Nigeria remained committed to the Rome Statute, international accountability and the rule of law.
However, he said the responsibility for investigating and prosecuting domestic crimes, including kidnapping and banditry, remained primarily with Nigerian law enforcement and judicial institutions under the principle of complementarity.
The Attorney-General said the ICC should not be used to bypass Nigeria’s domestic institutions in dealing with crimes committed within the country.
No ICC Investigation Against Nigeria
Fagbemi also sought to reassure Nigerians and the international community that the dismissed communication had not resulted in an ICC investigation against Nigeria.
“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.
He called on all organs of the ICC to strictly follow the Court’s statutory procedures.
“The Federal Government calls on all organs of the Court to adhere strictly to clear statutory procedures to protect the credibility of international criminal justice and maintain the trust of sovereign State Parties,” Fagbemi said.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.