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The International Criminal Court has dismissed an anonymous petition seeking an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity, the Attorney-General of the Federation has said.
Lateef Fagbemi (SAN) disclosed this in a statement on Thursday.
Fagbemi noted that the ICC’s Pre-Trial Chamber II dismissed the application on September 1, 2026, “in limine” – at the threshold – because it was not properly before the court and lacked a legal basis.
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.
Despite welcoming the dismissal, Fagbemi expressed concern over how the anonymous petition was initially processed.
He said the filing by an “unknown submitter” was assigned to Pre-Trial Chamber II on August 26 without a prior determination of whether the communication was competent or manifestly frivolous.
“The Federal Government observes with serious concern that the initial processing of this anonymous communication unusually bypassed established legal channels,” the statement read.
“The activation of internal registry mechanisms based on an unverified filing by an ‘unknown submitter’ represents an unusual and troubling departure from the governing statutory framework of the Rome Statute,” Fagbemi added.
Fagbemi maintained that the power to evaluate information or request an investigation under the Rome Statute rests solely with the ICC Prosecutor or through a formal referral by a State Party or the United Nations Security Council.
“For the avoidance of doubt, internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute. The authority to evaluate information or request an investigation rests solely with the Prosecutor of the ICC, or through formal referrals by a State Party or the UN Security Council,” Fagbemi stated.
He added that neither the President of the Pre-Trial Division nor a Pre-Trial Chamber had the power to receive anonymous petitions or interfere in the internal security matters of a sovereign state.
Fagbemi assured Nigerians and the international community that “no investigation has been opened by the ICC against Nigeria” and that no adverse finding had been made against the Nigerian government or its institutions.
He noted that the investigation and prosecution of domestic crimes, including kidnapping and banditry, remained primarily the responsibility of Nigerian law enforcement and judicial institutions under the principle of complementarity.
“The Federal Government calls on all organs of the court to adhere strictly to clear statutory procedures to protect the credibility of international criminal justice and maintain the trust of sovereign State Parties,” the statement concluded.
