NEWS
ICC Dismisses Petition Seeking Probe Into Alleged “Systemic Kidnappings” in Nigeria as FG Raises Procedural Concerns
The International Criminal Court (ICC) has dismissed a petition seeking an investigation into alleged “systemic kidnappings in Nigeria as crimes against humanity”, amid growing concerns over the worsening kidnapping crisis across the country.
The petition was rejected by Pre-Trial Chamber II of the ICC on September 1, 2026, with the chamber determining that the submission lacked “any legal basis” to proceed.
The decision comes at a time when Nigeria continues to grapple with persistent cases of abductions, particularly in several parts of the country, with criminal gangs and armed groups targeting travellers, communities and individuals for ransom.
The ruling was issued by Rosario Salvatore Aitala, the presiding judge, alongside judges Sergio Godínez and Haykel Mahfoudh.
According to the decision published on the ICC’s website, the court’s registrar transmitted the petition to the president of the pre-trial division on August 24, 2026. The filing was submitted by an unnamed individual and was titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity”.
The petition was subsequently assigned to Pre-Trial Chamber II on August 26, 2026.
However, following its consideration, the three-member panel dismissed the filing, concluding that it had “any legal basis” to warrant further proceedings.
The development has now triggered a separate reaction from the Federal Government, which faulted the manner in which the anonymous petition was handled within the ICC’s administrative process.
Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, said the Federal Government was concerned that the president of the ICC’s pre-trial division assigned the filing to Pre-Trial Chamber II without first establishing whether the chamber possessed the legal authority to consider it or whether the complaint was manifestly frivolous.
In a statement issued on Thursday, Fagbemi described the process as improper, stressing that the filing was made by an anonymous and unverified individual.
“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.
The statement reads;
“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.
“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 emphasizes 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.”.
Fagbemi maintained that the handling of the filing raised important questions about the ICC’s procedural safeguards, particularly regarding anonymous submissions involving matters touching on the internal security of a sovereign state.
He nevertheless sought to reassure Nigerians that the development should not be interpreted as the commencement of an ICC investigation against Nigeria.
According to the Attorney-General, the ICC has not initiated any investigation against the Nigerian state or its institutions.
The clarification is significant given the sensitivity surrounding the petition and the broader security challenges confronting Nigeria. While kidnapping remains a major national concern, the ICC’s dismissal means that the particular petition seeking to classify the alleged pattern of kidnappings as crimes against humanity will not proceed on the basis presented.
The Federal Government’s response also signals its determination to defend Nigeria’s sovereignty and ensure that any international legal process involving the country follows the established procedures under the Rome Statute.