ICC throws out anonymous petition against Nigeria, government responds

The International Criminal Court (ICC) has thrown out a case filed by an unknown person against Nigeria for alleged crimes against humanity.

The court dismissed the case called, ‘Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity’ for not following proper procedures.

Although the decision is in Nigeria's favor, the Nigerian government criticized the ICC.

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, said the ruling came after the head of the pre-trial division wrongly started a process by assigning the unverified petition from an anonymous source to pre-trial chamber II, supposedly under Regulation 46(3) of the court’s rules.

The statement signed by the AGF’s Special Adviser on Communication and Publicity, Kamarudeen Ogundele, mentioned that the petition was assigned to Pre-Trial Chamber II on 26 August under Regulation 46(3).

This chamber includes Judge Rosario Salvatore Aitala (Presiding), Judge Sergio Gerardo Ugalde Godínez, and Judge Haykel Ben Mahfoudh.

The statement revealed that the chamber dismissed the petition on 1 September.

The AGF explained that the government welcomed the ruling but questioned how the petition reached the chamber.

“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,” he said.

The minister described this as a strange break from procedures laid out by the Rome Statute and said Nigeria would speak to the ICC about it.

Mr Fagbemi argued that the ICC Prosecutor should handle investigations while formal referrals can come from a State Party or the United Nations Security Council.

He also questioned whether the President of the Pre-Trial Division or a Pre-Trial Chamber could accept anonymous petitions or interfere in Nigeria's security issues.

He noted that processing an unverified petition in this way could damage trust in the Court’s judicial processes.

Mr Fagbemi stated that the ICC’s handling of the petition should not be seen as an investigation against Nigeria.

“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 said.

The petition arose amid Nigeria’s ongoing kidnapping crisis, especially in the North-West and parts of the North-Central.

A report by SBM Intelligence showed that 7,825 people were kidnapped across Nigeria between July 2025 and June 2026 in 1,411 incidents.

It also estimated that over N7.78 billion was paid in ransom during this period.

The ICC has looked into alleged crimes in Nigeria before.

Its Office of the Prosecutor began a preliminary examination of Nigeria's situation in 2010.

In 2013, the office found there was a reasonable basis to believe that Boko Haram had committed crimes against humanity, including murder and persecution, since July 2009.

The examination also looked at claims of war crimes during the conflict between Boko Haram and Nigerian security forces.

This latest petition is separate from that investigation.

Mr Fagbemi explained that Nigeria is committed to the Rome Statute and international accountability but said Nigerian officials must investigate and prosecute crimes in the country.

He referred to the principle of complementarity, which says national authorities have the main responsibility to investigate and prosecute crimes, while the ICC can step in when necessary.

The minister urged the ICC to follow its procedures closely, saying this is important to protect its credibility and relationship with member states.

“The Federal Government emphasizes that such procedural breaches risk casting an unnecessary shadow over the integrity of the Court’s judicial processes. Unchecked handling of unverified, anonymous requests could harm the progress, mutual respect, and cooperation built over the years between Nigeria and the ICC.

“Nigeria remains a loyal State Party to the Rome Statute, dedicated to international accountability and the rule of law. Yet, the main responsibility for investigating and prosecuting local criminal activities, like kidnapping and banditry, lies with Nigeria’s judicial and law enforcement bodies under the 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 parts of the Court to follow clear procedures to protect the credibility of international criminal justice and maintain trust among sovereign State Parties,” he added.