The International Criminal Court (ICC) has rejected a petition calling for an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity.
Pre-Trial Chamber II dismissed the application on September 1, 2026, ruling that it lacked any legal basis. The three-judge panel was led by Presiding Judge Rosario Salvatore Aitala, alongside Judges Sergio Godínez and Haykel Mahfoudh.
The petition, filed by an unidentified individual and titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity,” was forwarded by the court’s Registrar to the President of the Pre-Trial Division on August 24. It was assigned to Pre-Trial Chamber II two days later before being dismissed.
The decision comes amid ongoing security challenges, with kidnapping remaining a persistent concern across parts of Nigeria.
Nigeria’s Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has sharply criticized the court’s handling of the matter. In a statement, he questioned how an unverified petition from an anonymous source was assigned to a chamber without first assessing jurisdiction or determining whether the complaint was frivolous.
“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,” Fagbemi said.
He argued that the step bypassed safeguards under the Rome Statute and that neither the President of the Pre-Trial Division nor a Pre-Trial Chamber has the authority to entertain anonymous petitions or intervene in a sovereign nation’s internal security affairs. The power to initiate investigations, he stressed, rests with the ICC Prosecutor or through formal referral by a State Party or the United Nations Security Council.
Fagbemi warned that such procedural lapses risk undermining the credibility of the ICC’s processes and could strain cooperation between Nigeria and the court. He assured the public, however, that the ICC has not opened any investigation against the Nigerian government or its agencies.
The Federal Government, he added, remains committed to protecting Nigeria’s sovereignty while engaging international institutions in accordance with established legal frameworks.