The Federal Government has protested the handling of an anonymous petition at the International Criminal Court seeking an investigation into alleged systemic kidnappings in Nigeria.
He described the process through which the matter was initially handled as troubling.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, said Nigeria was particularly concerned that an unverified petition from an unknown submitter was assigned to a Pre-Trial Chamber without what the government considered a prior determination of whether it was properly before the Court.
The petition, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity,” was assigned to Pre-Trial Chamber II on August 26, 2026.
However, the chamber, comprising Judges Rosario Salvatore Aitala, Sergio Gerardo Ugalde Godínez and Haykel Ben Mahfoudh, dismissed the request in limine on September 1, saying it was not properly before the Court and lacked a legal basis.
Fagbemi, in a statement issued on Thursday by his Special Adviser on Communication and Publicity, Kamarudeen Ogundele, said Nigeria welcomed the dismissal but would not overlook what it described as flaws in the initial handling of the petition.
“The Federal Government observes with serious concern that the initial processing of this anonymous communication unusually bypassed established legal channels,” Fagbemi said.
He added that the activation of the Court’s internal registry mechanisms based on an unverified filing by an “unknown submitter” represented “an unusual and troubling departure from the governing statutory framework of the Rome Statute.”
The minister argued that administrative procedures should not be used to circumvent the rules governing the ICC, stressing that the Court must operate within the powers granted to it under the Rome Statute.
“For the avoidance of doubt, internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute,” he said.
Fagbemi further stated that the power to evaluate information or seek an investigation rested with the ICC Prosecutor or could arise through a formal referral by a State Party or the United Nations Security Council.
“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,” he said.
The Federal Government said it was concerned that the initial processing of the petition could affect public confidence in the Court’s judicial procedures and Nigeria’s relationship with the international institution.
“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 said.
The minister also sought to reassure Nigerians that the petition had not resulted in an ICC investigation against the country.
“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,” he stated.
Fagbemi said Nigeria remained committed to the Rome Statute, international accountability and the rule of law, but maintained that the investigation and prosecution of domestic crimes such as kidnapping and banditry primarily remained the responsibility of Nigerian law enforcement and judicial institutions.
He said this position was consistent with the principle of complementarity, under which national justice systems retain primary responsibility for addressing crimes within their jurisdiction.
The Federal Government called on the ICC to adhere strictly to its statutory procedures, saying doing so was necessary to preserve the credibility of international criminal justice and maintain the confidence of sovereign member states.
“The Federal Government calls 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,” Fagbemi said.
