ICC dismisses anonymous petition against Nigeria
The International Criminal Court (ICC) has dismissed an anonymous petition seeking an investigation into alleged crimes against humanity arising from systemic kidnappings in Nigeria, declaring the application improperly brought before it and without legal basis.
The Federal Government, while welcoming the decision, has however raised concerns over the manner in which the petition was initially processed, warning that the episode could undermine confidence in the court’s judicial procedures.
The petition, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity” and identified as Document No. ICC-RoC46(3)-01/26, was submitted by an unknown petitioner.
According to the Attorney-General of the Federation ( AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, the filing was initially assigned to Pre-Trial Chamber II on August 26, 2026, without what Nigeria considers a proper threshold determination on the competence of the chamber or whether the communication was manifestly frivolous.
But in a decision delivered on September 1, Pre-Trial Chamber II, comprising Judge Rosario Salvatore Aitala, Judge Sergio Gerardo Ugalde Godínez and Judge Haykel Ben Mahfoudh, dismissed the application in limine—at the threshold—on the ground that it was not properly before the court and lacked legal basis.
Fagbemi, in a statement issued on Thursday by his Special Adviser on Communication and Publicity, Kamarudeen Ogundele, said the Federal Government considered the initial processing of the anonymous filing a matter of concern despite the subsequent dismissal.
He said the filing had bypassed established legal channels and could cast an unnecessary shadow over the integrity of the ICC’s judicial processes.
The Attorney-General argued that the power to evaluate information or request an investigation under the Rome Statute rests with the ICC Prosecutor, or may arise through a formal referral by a State Party or the United Nations Security Council.
He maintained that neither the President of the Pre-Trial Division nor a Pre-Trial Chamber had the authority to receive anonymous petitions or interfere in the internal security affairs of a sovereign state.
“Internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute,” the statement said.
Fagbemi said Nigeria would make appropriate representations to the ICC over the procedural concerns raised by the episode, stressing that the country remained committed to its obligations under the Rome Statute and the principles of international accountability.
He further invoked the principle of complementarity, under which national jurisdictions have primary responsibility for investigating and prosecuting crimes falling within their domestic jurisdiction.
According to him, kidnapping, banditry and other domestic criminal activities remain primarily within the constitutional responsibility of Nigeria’s law enforcement and judicial institutions.
The minister stressed that Nigeria’s membership of the Rome Statute did not transfer its domestic criminal jurisdiction to the ICC.
He also sought to dispel concerns that the filing had triggered an ICC investigation against Nigeria.
“For the avoidance of doubt, 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.
The Federal Government urged all organs of the ICC to adhere strictly to the court’s statutory procedures, arguing that doing so was essential to preserving the credibility of international criminal justice and maintaining trust between the court and sovereign states.
Nigeria, Fagbemi added, would continue to cooperate with the ICC within the framework of the Rome Statute while defending the country’s jurisdiction over domestic criminal matters.
