ICC Rejects Nigeria Kidnapping Petition as FG Raises Procedural Concerns

ABUJA — The International Criminal Court has thrown out a petition requesting an investigation into alleged “systemic kidnappings in Nigeria as crimes against humanity.”

The petition, filed by an unidentified individual, was dismissed by the ICC’s Pre-Trial Chamber II on September 1, 2026, with the chamber finding that it lacked “any legal basis.”

The decision comes against the backdrop of renewed public concern over kidnapping and insecurity in various parts of Nigeria.

A three-judge panel presided over by Rosario Salvatore Aitala, with Sergio Godínez and Haykel Mahfoudh as members, issued the decision.

The ICC said its Registrar transmitted the communication to the President of the Pre-Trial Division on August 24, 2026.

The submission was formally titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity.”

It was assigned to Pre-Trial Chamber II on August 26 and was subsequently dismissed on September 1.

Fagbemi questions ICC procedure

Nigeria’s Attorney-General and Minister of Justice, Lateef Fagbemi, has criticised the procedure used in handling and assigning the petition.

The minister said the President of the ICC Pre-Trial Division should not have assigned an unverified filing by an anonymous person to Pre-Trial Chamber II without first establishing whether the chamber had the necessary legal competence or determining if the complaint was manifestly frivolous.

In a statement released Thursday, Fagbemi said: “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.”

He argued that the administrative action was taken without a prior determination of the chamber’s jurisdiction or whether the submission was manifestly frivolous.

Fagbemi said the approach undermined safeguards provided by the court’s regulations.

“For the avoidance of doubt, internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute,” he said.

The Attorney-General also contended that the ICC Prosecutor is responsible for evaluating information or seeking an investigation, while formal referrals can also come from a State Party or the United Nations Security Council.

According to Fagbemi, neither the President of the Pre-Trial Division nor a Pre-Trial Chamber has the power under the Rome Statute to accept anonymous petitions or interfere with the internal security matters of a sovereign state.

He warned that what he described as procedural violations could place “an unnecessary shadow” over the integrity of the ICC’s judicial proceedings.

The minister further expressed concern that the handling of anonymous and unverified requests could put pressure on the longstanding cooperation between Nigeria and the ICC.

Despite his criticism, Fagbemi stressed that the ICC had not launched an investigation into the Nigerian government or any of its institutions as a result of the petition.

He assured Nigerians that the Federal Government would continue to defend the country’s sovereignty while cooperating with international bodies in accordance with applicable laws and established procedures.

Africans Angle News