The International Criminal Court (ICC) has dismissed a petition seeking an investigation into alleged systemic kidnappings in Nigeria, saying the request was not properly before the court and lacked a legal basis.
The petition had called for the alleged pattern of kidnappings in Nigeria to be investigated as possible crimes against humanity.
Politics Nigeria reports that the case was dismissed by Pre-Trial Chamber II of the ICC on September 1, 2026.
The development has now drawn a response from the Federal Government, which welcomed the dismissal but questioned how the petition was initially allowed to reach the chamber.
The filing was submitted by an unidentified person under the title, “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity.”
The document was registered as ICC-RoC46(3)-01/26.
Records published by the ICC show that the matter was transmitted by the court’s Registrar to the President of the Pre-Trial Division on August 24, 2026.
It was subsequently assigned to Pre-Trial Chamber II on August 26.
The chamber later considered the filing and dismissed it on September 1.
The panel was made up of Judge Rosario Salvatore Aitala, who presided over the proceedings, alongside Judges Sergio Gerardo Ugalde Godínez and Haykel Ben Mahfoudh.
The dismissal means the petition did not result in the opening of an ICC investigation into Nigeria.
The petition had sought to elevate the issue of kidnapping beyond Nigeria’s domestic criminal justice system by asking the international court to treat the alleged pattern as crimes against humanity.
However, the chamber rejected the request at the threshold.
The Federal Government has since moved to clarify the situation, particularly amid public discussion that the ICC may have commenced proceedings against Nigeria.
Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, said the government was concerned not about the eventual dismissal of the petition but about the procedure through which the filing was initially handled.
Fagbemi argued that the petition came from an anonymous and unverified source and should not have been assigned to a judicial chamber without an initial determination on whether the court had the necessary competence to consider it.
In a statement issued on Thursday through his Special Adviser on Communication and Publicity, Kamarudeen Ogundele, the minister said the Federal Government considered the process troubling.
“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 issue was not simply the identity of the person behind the petition.
He said the procedure followed by the court was important because international judicial bodies are expected to operate within the powers granted to them by their founding instruments.
The minister maintained that there should have been a prior assessment of the chamber’s competence and the nature of the communication before the matter was assigned.
He said the absence of such a determination raised concerns about the 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,” Fagbemi said.
The Attorney-General further argued that the Rome Statute does not give the President of the ICC’s Pre-Trial Division or a Pre-Trial Chamber the power to independently initiate an investigation into a sovereign country based on an anonymous petition.
According to him, the authority to assess information concerning alleged crimes within the ICC’s jurisdiction rests with the Prosecutor.
He also pointed to the other recognised route through which a situation can come before the court, including 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.”
Fagbemi also said the court’s internal administrative procedures should not be used to override the provisions of the Rome Statute.
He argued that neither the President of the Pre-Trial Division nor a Pre-Trial Chamber had the authority to receive anonymous petitions or intervene directly in the internal security affairs of a sovereign state.
“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 said the handling of the filing could create an unnecessary dispute between Nigeria and the ICC, despite the court’s eventual decision to dismiss it.
Fagbemi warned that repeated processing of unverified requests could affect confidence in the court’s procedures.
He also expressed concern that the episode could strain the relationship between Nigeria and the ICC, which he said had been built over several years.