The International Criminal Court (ICC) has dismissed an anonymous petition seeking an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity.
The petition, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity,” was filed under Document No. ICC-RoC46(3)-01/26.
The petition was dismissed in limine, meaning at the threshold, by Pre-Trial Chamber II of the ICC on September 1, 2026, after the chamber found that the request was not properly before the court and lacked a legal basis.
The development was disclosed by the Office of the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), in a statement issued on Thursday.
Fagbemi, while welcoming the dismissal, raised concerns over the manner in which the anonymous filing was initially processed by the ICC.
According to the Attorney-General, the filing was submitted by an “unknown submitter” and was subsequently assigned to Pre-Trial Chamber II by the President of the Pre-Trial Division on August 26, 2026.
He described the initial processing of the filing as a troubling departure from the ICC’s established procedures, arguing that it was assigned to the chamber without a prior determination of whether the filing met the necessary legal threshold.
The statement, signed by Kamarudeen Ogundele, Special Adviser to the President (Communication and Publicity), Office of the Attorney-General of the Federation and Minister of Justice, said the Federal Government considered the development a matter of concern despite the eventual dismissal of the petition.
“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 statement said.
Fagbemi said the assignment was purportedly made pursuant to Regulation 46(3) of the Regulations of the Court.
He argued that the process was initiated without a prior, reasoned threshold determination regarding the competence of the Pre-Trial Chamber or whether the communication was manifestly frivolous.
The Attorney-General said this amounted to a breach of what he described as foundational procedural safeguards established under the ICC’s own regulations.
Following the initial assignment, Pre-Trial Chamber II, comprising Judge Rosario Salvatore Aitala, who presided over the chamber, Judge Sergio Gerardo Ugalde Godínez and Judge Haykel Ben Mahfoudh, considered the filing.
The chamber subsequently issued its decision on September 1, dismissing the request at the threshold.
The Federal Government said the decision made it clear that the anonymous communication was not properly before the court and had no legal basis.
While acknowledging the chamber’s decision, Fagbemi said Nigeria remained concerned that an unverified communication from an unidentified individual was allowed to trigger an internal judicial process in the first place.
According to him, the initial processing of the filing “unusually bypassed established legal channels.”
He said the activation of the ICC’s internal registry mechanisms based on an unverified filing by an “unknown submitter” represented an unusual and troubling departure from the framework governing the court.
The Attorney-General further argued that administrative guidelines could not override the requirements of the Rome Statute, the treaty establishing the ICC.
“For the avoidance of doubt, internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute,” the statement said.
Fagbemi also maintained that the authority to evaluate information or request an investigation rests with the ICC Prosecutor, or through formal referrals by a State Party to the Rome Statute or the United Nations Security Council.
He argued that neither the President of the Pre-Trial Division nor a Pre-Trial Chamber had the authority to receive anonymous petitions or intervene in the internal security affairs of a sovereign country.
The Federal Government said allowing unverified and anonymous requests to pass through the court’s administrative processes could undermine confidence in the international criminal justice system.
It warned that such practices could “cast an unnecessary shadow over the integrity of the Court’s judicial processes” and strain the relationship between Nigeria and the ICC.
Nigeria is a State Party to the Rome Statute and has previously cooperated with the ICC on issues relating to international criminal justice.
However, Fagbemi stressed that the prosecution of ordinary domestic crimes, including kidnapping and banditry, primarily falls within the jurisdiction of Nigeria’s own law enforcement and judicial institutions.
He invoked the principle of complementarity, under which the ICC is intended to complement rather than replace national criminal justice systems.
“The Federal Government emphasizes that such procedural breaches risk casting an unnecessary shadow over the integrity of the Court’s judicial processes,” the statement 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.”
The Federal Government also sought to dispel concerns that the filing had resulted in an ICC investigation against Nigeria.
Fagbemi said no investigation had been opened against the Nigerian government or its institutions and that the ICC had made no adverse finding against Nigeria in relation to the petition.
“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,” the statement said.
The clarification comes amid continuing concerns in Nigeria over kidnapping, banditry and other forms of insecurity across several parts of the country.
The anonymous petition had sought to frame alleged systemic kidnappings in Nigeria as crimes against humanity and requested the intervention of the ICC.
However, following the September 1 decision, the matter has been dismissed at the threshold, according to the Federal Government.
Fagbemi said Nigeria remained committed to international accountability and the rule of law but urged the ICC to ensure that its procedures were strictly followed in dealing with future communications concerning sovereign states.
“Nigeria remains a steadfast State Party to the Rome Statute, committed to international accountability and the rule of law,” he said.
He called on all organs of the ICC to adhere strictly to the court’s statutory procedures, saying this was necessary to protect the credibility of international criminal justice and preserve the confidence of sovereign State Parties.
The Federal Government said it would continue to engage with the ICC over the procedural concerns raised by the handling of the anonymous filing, even as it welcomed the chamber’s decision to dismiss the petition.
