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.
Pre-Trial Chamber II of the ICC dismissed the request at the threshold on September 1, 2026, after finding that the matter 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.
While welcoming the dismissal, the federal government expressed concern over the manner in which the anonymous petition was initially processed by the ICC.
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According to Fagbemi, the filing came from an unidentified submitter and was assigned to Pre-Trial Chamber II by the president of the Pre-Trial Division on August 26, 2026.
The attorney-general described the process as a troubling departure from established procedures, arguing that the petition was assigned to the chamber before a proper determination was made on whether it met the required legal threshold.
A statement signed by Kamarudeen Ogundele, special adviser to the president on communication and publicity in the office of the attorney-general of the federation and minister of justice, said the government remained concerned despite the eventual dismissal of the case.
“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 argued that the process was initiated without a reasoned threshold assessment of whether the chamber had the competence to entertain the request or whether the communication was manifestly frivolous.
The petition was subsequently considered by Pre-Trial Chamber II, comprising Judge Rosario Salvatore Aitala, who presided over the chamber, alongside Judges Sergio Gerardo Ugalde Godínez and Haykel Ben Mahfoudh.
The chamber eventually dismissed the request, with the federal government maintaining that the ruling confirmed the anonymous communication had no proper legal basis before the court.
Fagbemi, however, said Nigeria remains concerned that an unverified petition from an unidentified individual was allowed to trigger an internal judicial process.
He argued that administrative guidelines should not override the provisions of the Rome Statute, which established the ICC.
The attorney-general further maintained that the authority to assess information and initiate investigations rests primarily with the ICC prosecutor, or through formal referrals by a state party or the United Nations Security Council.
The federal government also stressed that no investigation had been opened against Nigeria as a result of the petition.
Fagbemi said the ICC has made no adverse finding against the Nigerian government or any of its institutions.
“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 persistent concerns over kidnapping, banditry and other forms of insecurity across several parts of Nigeria.
The anonymous petition had sought to classify alleged systemic kidnappings in the country as crimes against humanity and requested the intervention of the ICC.
However, following the September 1 decision of Pre-Trial Chamber II, the matter was dismissed at the threshold.
Fagbemi said Nigeria remains committed to the Rome Statute, international accountability and the rule of law, but called on all organs of the ICC to strictly adhere to established procedures when handling future communications involving sovereign states.
The federal government said it would continue engaging with the ICC over concerns surrounding the handling of the anonymous filing while maintaining its commitment to cooperation with the international criminal justice system.
