ICC Dismisses Petition Seeking 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.’

Naija News reports that the petition, filed by an unidentified person, was rejected by Pre-Trial Chamber II of the ICC on September 1, 2026, after the court found that it had no legal basis.

The decision comes at a time when kidnapping remains a major security concern in different parts of Nigeria.

The three-member panel that handled the matter was led by Presiding Judge Rosario Salvatore Aitala, with Judges Sergio Godínez and Haykel Mahfoudh as members.

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

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

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

However, the decision has attracted criticism from the Nigerian government, with the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, questioning how the petition got before the chamber in the first place.

Fagbemi said it was wrong for an unverified petition from an anonymous individual to be assigned to a chamber without first establishing whether the court had the legal power to consider it or whether the complaint was clearly frivolous.

In a statement on Thursday, the minister said the Federal Government was concerned about the process through which the petition was handled.

He 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.”

According to Fagbemi, the administrative step was taken without first determining the chamber’s jurisdiction or whether the complaint had any merit.

He argued that the process failed to follow safeguards provided under the ICC’s regulations.

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

Fagbemi further argued that the power to assess information and decide whether to seek an investigation rests with the ICC Prosecutor, or through a formal referral by a member state or the United Nations Security Council.

He said neither the President of the Pre-Trial Division nor a Pre-Trial Chamber had the power under the Rome Statute to entertain anonymous petitions or interfere in the internal security affairs of a sovereign country.

The minister warned that such alleged procedural lapses could cast an unnecessary shadow over the credibility of the ICC’s judicial process.

He also raised concerns that the handling of anonymous and unverified complaints could affect the relationship and cooperation between Nigeria and the international court.

Despite the concerns raised, Fagbemi assured Nigerians that the ICC had not opened any investigation against the Nigerian government or its agencies over the petition.

He said the Federal Government would continue to protect Nigeria’s sovereignty while working with international bodies in line with established laws and procedures.