ICC rejects petition to probe kidnappings in Nigeria

The International Criminal Court (ICC) has dismissed a petition seeking an investigation into alleged “systemic kidnappings in Nigeria as crimes against humanity.”

The petition, filed by an unnamed individual, was dismissed by Pre-Trial Chamber II of the ICC on September 1, 2026.

The chamber reportedly dismissed the petition on the grounds that it lacked “any legal basis.”

The development comes amid renewed concerns over the rising cases of kidnapping across Nigeria, with several communities and individuals affected by attacks and abductions.

The decision was issued by a three-member panel comprising the presiding judge, Rosario Salvatore Aitala, and judges Sergio Godínez and Haykel Mahfoudh.

According to the decision published on the ICC website, the court’s Registrar transmitted the petition to the President of the Pre-Trial Division on August 24, 2026.

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

It was subsequently assigned to Pre-Trial Chamber II on August 26, before the chamber dismissed it on September 1.

FG faults handling of petition

Reacting to the development, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, criticised the procedure through which the petition was assigned to the chamber.

Fagbemi said it was improper for the President of the ICC Pre-Trial Division to assign an unverified filing from an anonymous individual to Pre-Trial Chamber II without first determining whether the chamber had the legal competence to entertain the matter or whether the complaint was manifestly frivolous.

In a statement on Thursday, the minister 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 assignment was made without a prior determination of the chamber’s competence or whether the communication was manifestly frivolous.

According to him, such a procedure undermined safeguards contained in 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,” Fagbemi said.

The minister further maintained that the authority to evaluate information or request an investigation rests with the ICC Prosecutor, or through a formal referral by a State Party or the United Nations Security Council.

He argued that neither the President of the Pre-Trial Division nor a Pre-Trial Chamber had the authority under the Rome Statute to receive anonymous petitions or interfere in the internal security affairs of a sovereign nation.

Fagbemi warned that what he described as procedural breaches could cast “an unnecessary shadow” over the integrity of the ICC’s judicial processes.

He also expressed concern that the handling of unverified and anonymous requests could strain the relationship and cooperation built between Nigeria and the ICC over the years.

The Attorney-General, however, assured Nigerians that the ICC had not initiated any investigation against the Nigerian government or its institutions over the petition.

He said the Federal Government remained committed to protecting Nigeria’s sovereignty while cooperating with international institutions within the framework of established laws and procedures.

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