ICC Dismisses Petition Seeking Probe into Nigeria Over Alleged Crimes Against Humanity

The International Criminal Court (ICC) has dismissed an anonymous petition seeking an investigation into alleged crimes against humanity arising from systemic kidnappings in Nigeria.

The Federal Government disclosed this in a statement on Thursday, September 3, by Kamarudeen Ogundele, Special Adviser to the President on Communication and Publicity, Office of the Attorney-General of the Federation and Minister of Justice.

The filing, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity”, was identified as Document No. ICC-RoC46(3)-01/26.

According to the statement, Pre-Trial Chamber II of the ICC dismissed the request on September 1, 2026, after determining that it was not properly before the court and lacked legal basis.

The Federal Government, however, expressed concern over the process that led to the filing being assigned to the chamber.

It said that on August 26, 2026, the President of the Pre-Trial Division assigned the unverified communication from an anonymous submitter to Pre-Trial Chamber II, purportedly under Regulation 46(3) of the Regulations of the Court.

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The government described the action as an improper initiation of a procedural process carried out without a prior determination of whether the chamber had competence to consider the communication or whether it was manifestly frivolous.

It said the subsequent dismissal by Pre-Trial Chamber II, comprising Judge Rosario Salvatore Aitala, Judge Sergio Gerardo Ugalde Godínez and Judge Haykel Ben Mahfoudh, effectively threw out the application at the threshold.

“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 statement said.

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), said the handling of the communication could undermine confidence in the ICC’s judicial processes.

The government argued that anonymous petitions could not be used to circumvent the procedures established under the Rome Statute.

“For the avoidance of doubt, internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute,” it said.

According to the Federal Government, the authority to evaluate information or request an investigation rests with the ICC Prosecutor, or through formal referrals by a State Party or the United Nations Security Council.

It further argued that the President of the Pre-Trial Division and Pre-Trial Chambers did not have the authority to receive anonymous petitions or interfere in the internal security matters of a sovereign country.

“The Federal Government emphasizes that such procedural breaches risk casting an unnecessary shadow over the integrity of the Court’s judicial processes,” the statement added.

The government said Nigeria remained committed to international accountability and the rule of law as a State Party to the Rome Statute.

It, however, maintained that the responsibility for investigating and prosecuting domestic crimes, including kidnapping and banditry, primarily rests with Nigerian law enforcement and judicial institutions under the principle of complementarity.

“Nigeria remains a steadfast State Party to the Rome Statute, committed to international accountability and the rule of law. 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 under the fundamental principle of complementarity,” the statement said.

The Federal Government also sought to reassure Nigerians and the international community that the development did not amount to 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,” it said.

The government consequently called on all organs of the ICC to adhere strictly to established statutory procedures in order to protect the credibility of international criminal justice and sustain confidence among sovereign State Parties.