ICC Dismisses Case Filed By Unknown Petitioner Against Nigeria

The International Criminal Court (ICC) has dismissed a case filed by an unknown petitioner against Nigeria over alleged crimes against humanity.

The filing, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity” (Document No. ICC-RoC46(3)-01/26), was dismissed for failing to comply with the court’s established procedures.

The development followed what the Nigerian government described as an improper initiation of a procedural process by the President of the Pre-Trial Division, who assigned the unverified filing by an anonymous submitter to Pre-Trial Chamber II, purportedly under Regulation 46(3) of the Regulations of the Court.

Although the ICC has dismissed the filing, the Federal Government said it was concerned about how the case was initially processed and was making representations to the court.

The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), said in a statement issued on Thursday that the application was without merit, had bypassed established legal channels and could cast an unnecessary shadow over the integrity of the court’s judicial processes.

He reassured Nigerians and the international community that the ICC had not opened any investigation against Nigeria and had made no adverse finding against the Nigerian government or its institutions.

In the statement, titled, “The Dismissal in Limine by Pre-Trial Chamber II of the International Criminal Court Regarding an Unauthorised Communication on Nigeria”, the Attorney-General’s office said:

“The Office of the Attorney-General of the Federation and Minister of Justice wishes to address recent public discourse and procedural records concerning a filing before the International Criminal Court (ICC) titled ‘Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity’ (Document No. ICC-RoC46(3)-01/26).

“The Federal Government notes with serious concern that on 26 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.

“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.

“The Federal Ministry of Justice confirms that, following this flawed initiation, Pre-Trial Chamber II, comprising Judge Rosario Salvatore Aitala (Presiding), Judge Sergio Gerardo Ugalde Godínez and Judge Haykel Ben Mahfoudh, issued an official decision on 1 September 2026, unequivocally dismissing the request in limine (at the threshold) on the clear ground that it was not properly before the Court and lacked any legal basis.

“While the Federal Republic of Nigeria acknowledges the swift decision of Pre-Trial Chamber II to throw out this unmeritorious application, the Federal Government observes with serious concern that the initial processing of this anonymous communication unusually bypassed established legal channels.

“The activation of internal registry mechanisms based on an unverified filing by an ‘unknown submitter’ represents an unusual and troubling departure from the governing statutory framework of the Rome Statute.

“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 to request an investigation rests solely with the Prosecutor of the ICC or with 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 emphasises that such procedural breaches risk casting an unnecessary shadow over the integrity of the Court’s judicial processes.

“Unchecked administrative consideration of unverified, anonymous requests has 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.

“Nigeria remains a steadfast State Party to the Rome Statute, committed to international accountability and the rule of law.

“However, the primary constitutional responsibility for investigating and prosecuting domestic criminal activities, including kidnapping and banditry, resides firmly with Nigeria’s national judicial and law enforcement institutions under the fundamental principle of complementarity.

“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.

“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.”