The International Criminal Court 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 Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, disclosed this in a statement issued on Thursday by his Special Adviser on Communication and Publicity, Kamarudeen Ogundele.
According to Fagbemi, the ICC’s Pre-Trial Chamber II dismissed the application on September 1, 2026, “in limine” – at the threshold – on the grounds that it was not properly before the court and lacked a legal basis.
The AGF, however, expressed concern over the manner in which the anonymous petition was initially processed by the court.
He said the filing by an “unknown submitter” was assigned to Pre-Trial Chamber II on August 26 without a prior determination of whether the communication was competent or manifestly frivolous.
Fagbemi described the development as a breach of the ICC’s procedural safeguards, saying the initial processing of the petition was capable of casting “an unnecessary shadow over the integrity of the Court’s judicial processes.”
“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.
“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,” the statement partly read.
He said Nigeria was making representations to the ICC over the matter despite the subsequent dismissal of the petition.
The AGF maintained that the power to evaluate information or request an investigation under the Rome Statute rests with the ICC Prosecutor, or through a formal referral by a State Party or the United Nations Security Council.
“For the avoidance of doubt, internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute. 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,” Fagbemi stated.
He added that neither the President of the Pre-Trial Division nor a Pre-Trial Chamber had the power to receive anonymous petitions or interfere in the internal security matters of a sovereign state.
Fagbemi said Nigeria remained committed to the Rome Statute, international accountability and the rule of law, but stressed that the investigation and prosecution of domestic crimes, including kidnapping and banditry, remained primarily the responsibility of Nigerian law enforcement and judicial institutions.
He further assured Nigerians and the international community that “no investigation has been opened by the ICC against Nigeria” and that no adverse finding had been made against the Nigerian government or its institutions.
The Federal Government consequently called on all organs of the ICC to adhere strictly to established statutory procedures to protect the credibility of international criminal justice and preserve the relationship between the court and its member states.
“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,” the statement concluded.
