The International Criminal Court (ICC) has dismissed a petition filed by an unidentified petitioner against Nigeria over alleged crimes against humanity, describing the submission as procedurally defective.
The case, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity”, was filed under Document No. ICC-RoC46(3)-01/26.
According to the Federal Government, the petition was submitted anonymously and was improperly assigned to Pre-Trial Chamber II before the necessary procedural requirements had been met.
The development was disclosed in a statement on Thursday by Kamarudeen Ogundele, Special Assistant on Media and Publicity to the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi.
The Federal Government said it was concerned about the initial processing of the anonymous filing, despite the subsequent decision by the ICC to dismiss it.
It maintained that the manner in which the petition was initially handled bypassed established legal procedures and could raise concerns about the integrity of the Court’s judicial processes.
According to the statement, the President of the ICC Pre-Trial Division on August 26, 2026, initiated a procedural process by assigning the unverified filing from an anonymous submitter to Pre-Trial Chamber II, purportedly under Regulation 46(3) of the Regulations of the Court.
The Federal Ministry of Justice said the assignment was made without a prior reasoned determination on the competence of the Pre-Trial Chamber or whether the communication was manifestly frivolous.
However, Pre-Trial Chamber II, comprising Judge Rosario Salvatore Aitala, Judge Sergio Gerardo Ugalde Godínez and Judge Haykel Ben Mahfoudh, on September 1, 2026, dismissed the request in limine, meaning at the threshold.
The Federal Government said the chamber found that the request was not properly before the Court and lacked a legal basis.
While welcoming the dismissal, the government expressed concern that the initial processing of the petition had involved an “unverified” filing by an “unknown submitter”.
It argued that internal administrative procedures should not be used to circumvent the requirements of the Rome Statute.
The government stressed that the authority to evaluate information or request an investigation rests with the ICC Prosecutor, or through formal referrals by a State Party or the United Nations Security Council.
It also maintained that the Rome Statute does not confer on the President of the Pre-Trial Division or any Pre-Trial Chamber the authority to receive anonymous petitions or interfere in the internal security affairs of a sovereign state.
The Federal Government said such procedural issues could strain the relationship between Nigeria and the ICC, stressing the importance of adherence to established rules in international criminal justice.
Nigeria, it added, remains committed to the Rome Statute, international accountability and the rule of law.
However, the government emphasised that the primary responsibility for investigating and prosecuting domestic crimes, including kidnapping and banditry, rests with Nigeria’s law enforcement and judicial institutions under the principle of complementarity.
The government also reassured Nigerians and the international community that the ICC had not opened any investigation against Nigeria and that no adverse finding had been made against the Nigerian government, state institutions or the country.
It called on all organs of the ICC to strictly follow established statutory procedures in order to protect the credibility of international criminal justice and preserve confidence among sovereign State Parties.
