ICC dismisses kidnapping petition, Nigeria says no probe will follow

Nigeria’s government welcomed the International Criminal Court’s dismissal of an anonymous petition seeking a probe into alleged systemic kidnappings, but sharply criticized how the filing initially entered the court’s system.

Attorney-General and Minister of Justice Lateef Fagbemi said Pre-Trial Chamber II rejected the application on Sept. 1, 2026. He said the chamber dismissed it “in limine,” or at the threshold, because it was not properly before the court and had no legal basis.

Fagbemi said the petition, filed under Document No. ICC-RoC46(3)-01/26, was submitted by an “unknown submitter.” It was assigned to the chamber on Aug. 26 without an earlier determination of whether the communication was competent or manifestly frivolous, he said.

The attorney-general called that initial processing a breach of procedural safeguards. He said the use of internal registry mechanisms for an unverified filing created “an unnecessary shadow over the integrity of the Court’s judicial processes.”

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An unnecessary shadow over the integrity of the Court’s judicial processes.

“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,” Fagbemi said.

He maintained that under the Rome Statute, the authority to evaluate information or request an investigation rests with the ICC prosecutor, or follows a formal referral by a state party or the United Nations Security Council. Fagbemi said neither the president of the Pre-Trial Division nor a pre-trial chamber had the authority to receive anonymous petitions or interfere in the internal security affairs of a sovereign state.

Nigeria, he said, remains committed to the Rome Statute while continuing to make representations to the court about the handling of the petition.

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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.