ICC Throws Out Petition Seeking Probe Into Kidnappings In Nigeria

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

The petition, submitted by an unidentified individual, was dismissed by Pre-Trial Chamber II of the ICC on September 1, 2026, after the chamber determined that the request was not properly before the court and lacked a legal basis.

The petition was titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity.” According to the court’s records, the Registrar transmitted the communication to the President of the Pre-Trial Division on August 24 before it was assigned to Pre-Trial Chamber II on August 26.

The three-member chamber was presided over by Judge Rosario Salvatore Aitala, with Judges Sergio Gerardo Ugalde Godínez and Haykel Ben Mahfoudh serving as members.

The development comes amid continuing concerns over kidnapping and other forms of insecurity across several parts of Nigeria.

Reacting to the decision, Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, welcomed the dismissal but raised concerns about the manner in which the anonymous petition was initially processed.

Fagbemi argued that it was inappropriate for an unverified filing from an unidentified person to be assigned to a pre-trial chamber without first establishing whether the chamber had the legal competence to consider the matter or whether the complaint was manifestly frivolous.

The minister said the Federal Government was particularly concerned that the administrative process had been initiated without what he described as a proper threshold assessment of the petition.

He further argued that internal administrative procedures should not override the requirements established under the Rome Statute, the treaty governing the ICC.

According to Fagbemi, the authority to evaluate information and seek an investigation rests with the ICC Prosecutor, while formal referrals may also come from a State Party or the United Nations Security Council.

The Attorney-General maintained that neither the President of the Pre-Trial Division nor a Pre-Trial Chamber had the authority to use such a process to interfere with the internal security affairs of a sovereign country.

Fagbemi warned that the handling of anonymous and unverified complaints in such circumstances could undermine confidence in the ICC’s judicial procedures and affect the relationship between Nigeria and the international court.

Despite the Federal Government’s concerns about the procedure, the minister clarified that the ICC had not opened an investigation against the Nigerian government or its institutions over the petition.

He assured Nigerians that the government remained committed to protecting the country’s sovereignty while continuing to cooperate with international institutions within the framework of established laws and procedures.

The development has drawn attention to the distinction between the ICC’s dismissal of the particular petition and any broader proceedings concerning Nigeria. The latest petition was dismissed at the threshold and does not amount to an ICC finding that Nigeria’s kidnapping crisis does or does not constitute crimes against humanity.