ICC dismisses case filed by unknown petitioner against Nigeria

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

The international body dismissed the filing titled, “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity” (Document No. ICC-RoC46(3)-01/26), for breaching its procedures.

This followed the improper initiation of a procedural process by the President of the Pre-Trial Division, who assigned the unverified filing from an anonymous submitter to Pre-Trial Chamber II, purportedly pursuant to Regulation 46(3) of the Regulations of the Court.

A statement by Kamarudeen Ogundele, media aide to the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, on Thursday evening, said Nigeria viewed the development with concern and was making representations to the ICC despite the dismissal of the case.

The AGF said the unmeritorious application bypassed established legal channels and was capable of casting an unnecessary shadow over the integrity of the Court’s judicial processes.

He reassured Nigerians and the international community that no investigation had been opened by the ICC against Nigeria, nor had any adverse finding been made against the Nigerian State or its institutions.

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The statement, titled, “The dismissal in limine by Pre-Trial Chamber II of the International Criminal Court regarding an unauthorised communication on Nigeria,” reads:

“The Office of the Attorney-General of the Federation and Minister of Justice wishes to address recent public discourse and procedural records concerning a filing before the International Criminal Court (ICC) titled, ‘Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity’ (Document No. ICC-RoC46(3)-01/26).

“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.

“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.

“The Federal Ministry of Justice confirms that following this flawed initiation, Pre-Trial Chamber II, comprising Judge Rosario Salvatore Aitala (Presiding), Judge Sergio Gerardo Ugalde Godínez, and Judge Haykel Ben Mahfoudh, issued an official decision on 1st September 2026, unequivocally dismissing the request in limine (at the threshold) on the clear ground that it was not properly before the Court and lacked any legal basis.

“While the Federal Republic of Nigeria acknowledges the swift decision of Pre-Trial Chamber II to throw out this unmeritorious application, the Federal Government observes with serious concern that the initial processing of this anonymous communication unusually bypassed established legal channels.

“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.

“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.

“The Rome Statute gives neither the President of the Pre-Trial Division nor any Pre-Trial Chamber the power to receive anonymous petitions or interfere in the internal security matters of a sovereign nation.

“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.

“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 statement added.

The Federal Government therefore called 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.