The International Criminal Court has dismissed a case filed by an unknown submitter against Nigeria over alleged crimes against humanity, with the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, raising concern over the procedure that allowed the filing to reach a Pre-Trial Chamber at all.
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The filing, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity” and bearing Document No. ICC-RoC46(3)-01/26, was dismissed for breaching the Court’s procedures.
According to the Federal Government, the process began on 26th August 2026, when the President of the Pre-Trial Division assigned the unverified filing from an anonymous submitter to Pre-Trial Chamber II, purportedly pursuant to Regulation 46(3) of the Regulations of the Court.
The government states that the assignment was executed without a prior, reasoned threshold determination on the competence of the Pre-Trial Chamber, or on whether the communication was manifestly frivolous, thereby breaching the foundational procedural safeguards established under the Court’s own regulations.
Pre-Trial Chamber II, comprising Judge Rosario Salvatore Aitala (Presiding), Judge Sergio Gerardo Ugalde Godínez and Judge Haykel Ben Mahfoudh, issued its decision on 1st September 2026, dismissing the request in limine, that is, at the threshold, on the ground that it was not properly before the Court and lacked any legal basis.
Nigeria views the development as worrying and is making representations to the ICC despite the dismissal.
In a statement issued on Thursday, entitled “The Dismissal In Limine By Pre-Trial Chamber II Of The International Criminal Court Regarding An Unauthorised Communication On Nigeria,” Fagbemi said the unmeritorious application bypassed established legal channels and was capable of casting an unnecessary shadow over the integrity of the Court’s judicial processes.
“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,” the statement began.
It described the activation of internal registry mechanisms on the strength of an unverified filing by an unknown submitter as an unusual and troubling departure from the governing statutory framework of the Rome Statute.
The central legal objection is that the route taken was not one the Statute recognises.
“For the avoidance of doubt, internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute,” the statement said. “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.”
It added: “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 government warned that such procedural breaches risk casting an unnecessary shadow over the integrity of the Court’s judicial processes, and that unchecked administrative entertainment of unverified, anonymous requests has the potential to impugn and strain the progress, mutual respect and constructive cooperation built over the years between Nigeria and the ICC.
The statement reaffirmed Nigeria’s membership of the Rome Statute while drawing a line around jurisdiction.
“Nigeria remains a steadfast State Party to the Rome Statute, committed to international accountability and the rule of law,” it said. “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.”
Fagbemi reassured Nigerians and the international community that no investigation had been opened by the ICC against Nigeria, and that no adverse finding had been made against the Nigerian State or its institutions.
The Federal Government called on all organs of the Court to adhere strictly to clear statutory procedures in order to protect the credibility of international criminal justice and maintain the trust of sovereign State Parties.
The statement was issued by Kamarudeen Ogundele, Special Adviser to the President on Communication and Publicity, Office of the Attorney-General of the Federation and Minister of Justice, and is dated September 3, 2026.
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