The International Criminal Court (ICC) has dismissed a petition seeking an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity.
The petition was dismissed on September 1, 2026, by Pre-Trial Chamber II of the ICC, amid growing concerns over kidnapping and other violent crimes across the country.
The decision was issued by a three-member panel comprising Presiding Judge Rosario Salvatore Aitala, Judge Sergio Godínez and Judge Haykel Mahfoudh.
According to the decision published on the ICC website, the court’s Registrar transmitted the petition, filed by an unnamed individual, to the President of the Pre-Trial Division on August 24.
The petition was titled, “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity.”
It was subsequently assigned to Pre-Trial Chamber II on August 26.
However, the chamber dismissed the petition, stating that it lacked any legal basis.
The Federal Government has, however, criticised the manner in which the petition was handled by the ICC.
In a statement issued on Thursday, Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, said it was improper for the President of the ICC Pre-Trial Division to assign an unverified filing from an anonymous individual to a judicial chamber.
Fagbemi said the petition was assigned without first determining whether the chamber had jurisdiction to consider the matter or whether the complaint was manifestly frivolous.
“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, purportedly pursuant to Regulation 46(3) of the Regulations of the Court,” the statement said.
He argued that the administrative assignment was made without a prior determination of the chamber’s competence or the merits of the communication.
“This administrative assignment was executed without a prior, reasoned threshold determination on the competence of the Pre-Trial Chamber or whether the communication was manifestly frivolous, thereby breaching the foundational procedural safeguards established under the Court’s own regulations,” Fagbemi said.
He maintained that internal administrative guidelines could not override the provisions of the Rome Statute.
“For the avoidance of doubt, internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute,” he said.
According to the minister, the authority to assess information or initiate a request for investigation rests with the ICC Prosecutor, or through formal referrals by a State Party or the United Nations Security Council.
He further argued that neither the President of the Pre-Trial Division nor any Pre-Trial Chamber had the authority under the Rome Statute to receive anonymous petitions or interfere in the internal security affairs of a sovereign state.
Fagbemi warned that what he described as procedural breaches could undermine confidence in the court’s judicial processes and affect its relationship with Nigeria.
“Unchecked administrative entertainments of unverified, anonymous requests have the potential to impugn and strain the progress, mutual respect, and constructive cooperation painstakingly built over the years between the Federal Republic of Nigeria and the International Criminal Court,” he said.
Boluwatife Enome
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