The International Criminal Court, ICC, has dismissed an anonymous petition seeking an investigation into alleged crimes against humanity arising from systemic kidnappings in Nigeria.
In a decision delivered on September 1, 2026, Pre-Trial Chamber II said the application was not properly before the court and lacked legal basis. 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 filed by an unknown petitioner.
The Chamber, comprising Judge Rosario Salvatore Aitala, Judge Sergio Gerardo Ugalde Godínez and Judge Haykel Ben Mahfoudh, dismissed the application in limine — at the threshold.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, welcomed the decision but raised concerns over how the petition was initially processed.
According to a statement by his Special Adviser on Communication and Publicity, Kamarudeen Ogundele, Fagbemi said the filing was assigned to Pre-Trial Chamber II on August 26, 2026 without a proper threshold determination on competence or whether it was manifestly frivolous.
He argued 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 UN Security Council.
“Internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute,” Fagbemi said.
The AGF invoked the principle of complementarity, stating that kidnapping, banditry and other domestic criminal activities remain within Nigeria’s constitutional responsibility. He added that Nigeria’s membership of the Rome Statute did not transfer domestic criminal jurisdiction to the ICC.
“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,” Fagbemi said.
The Federal Government said it will make appropriate representations to the ICC over the procedural concerns, while reaffirming its commitment to obligations under the Rome Statute.
Source: The Guardian Nigeria