ICC dismisses anonymous crimes against humanity petition against Nigeria, FG reacts

The International Criminal Court (ICC) has dismissed a case filed by an unknown petitioner against Nigeria over alleged crimes against humanity.

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The international court dismissed the filing titled, ‘Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity’ for breach of procedure.

Despite the decision favouring Nigeria, the Nigerian government criticised the court.

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, said the decision only came after the president of the pre-trial division had improperly initiated a procedural process by assigning the 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 signed by the AGF’s Special Adviser on Communication and Publicity, Kamarudeen Ogundele, although, titled ‘Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity’ was assigned to Pre-Trial Chamber II on 26 August under Regulation 46(3) of the court’s regulations.

The panel includes Judge Rosario Salvatore Aitala (Presiding), Judge Sergio Gerardo Ugalde Godínez, and Judge Haykel Ben Mahfoudh.

The statement revealed that the chamber dismissed the request on 1 September.

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The AGF explained that the government welcomed the decision but questioned the procedure that led to the petition being placed before the chamber.

“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,” he said.

The minister described the development as an unusual departure from procedures established under the Rome Statute and stated that Nigeria would make representations to the ICC.

Mr Fagbemi argued that the authority to assess information and seek an investigation rests with the ICC Prosecutor, while a formal referral may also come from a State Party or the United Nations Security Council.

He also questioned the authority of the President of the Pre-Trial Division or a Pre-Trial Chamber to receive anonymous petitions or interfere in the internal security affairs of a sovereign state.

According to him, processing an unverified communication in such circumstances could undermine confidence in the Court’s judicial processes.

No investigation opened

Mr Fagbemi stated that the ICC’s handling of the petition should not be interpreted as an investigation against Nigeria.

The petition came against the backdrop of Nigeria’s persistent kidnapping crisis, particularly in the North-West and parts of the North-Central.

A report by SBM Intelligence revealed that 7,825 people were abducted across the country between July 2025 and June 2026 in 1,411 incidents.

It also estimated that at least N7.78 billion was paid in ransom during the period.

Nigeria and the ICC

The ICC has previously examined alleged crimes committed in Nigeria.

Its Office of the Prosecutor began a preliminary examination of the situation in the country in 2010.

In 2013, the office noted that there was a reasonable basis to believe that Boko Haram had committed crimes against humanity, including murder and persecution, since July 2009.

The examination also considered allegations of war crimes in the conflict involving Boko Haram and Nigerian security forces.

The latest petition was separate from that process.

Mr Fagbemi explained that Nigeria remained committed to the Rome Statute and international accountability but maintained that Nigerian authorities have the primary responsibility for investigating and prosecuting crimes committed within the country.

He invoked the principle of complementarity, under which national authorities have the primary responsibility to investigate and prosecute crimes, while the ICC exercises jurisdiction in circumstances provided for under the Rome Statute.

The minister urged the organs of the ICC to adhere strictly to the Court’s procedures, saying this was necessary to protect its credibility and its relationship with member states.

“The Federal Government emphasises that such procedural breaches risk casting an unnecessary shadow over the integrity of the Court’s judicial processes. 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.

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“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 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 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,” he added.