ICC Dismisses Anonymous Petition Seeking Probe Into Alleged Systemic Kidnappings in Nigeria

The International Criminal Court (ICC) has dismissed an anonymous petition seeking an investigation into alleged systemic kidnappings in Nigeria, ruling that the request had no legal basis.

The petition, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity,” was rejected on September 1 by a three-member panel of the ICC’s Pre-Trial Chamber II.

The panel was led by Presiding Judge Rosario Salvatore Aitala, with Judges Sergio Godínez and Haykel Mahfoudh also sitting on the matter. The decision effectively brought to an end the legal proceedings arising from the anonymous filing.

The controversy began after the ICC registrar forwarded the document, submitted by an unidentified individual, to the president of the pre-trial division in late August. It was subsequently assigned to the chamber for consideration.

Although the petition was ultimately dismissed, its initial processing drew a strong response from the Nigerian government, with Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, questioning the procedure adopted by the court.

Fagbemi described the filing as frivolous, unverified and legally defective, arguing that the ICC should have first established whether the pre-trial chamber had the authority to consider such a request.

According to the Justice Minister, the Rome Statute places responsibility for evaluating information that could lead to an ICC investigation primarily with the court’s Prosecutor, while formal referrals can also come from a state party or the United Nations Security Council.

Fagbemi further argued that the ICC’s pre-trial division lacks the authority to independently entertain anonymous petitions concerning Nigeria’s internal security situation. He warned that processing such filings without adequate safeguards could undermine confidence in the court and affect its longstanding relationship with Nigeria.

Amid concerns over the country’s continuing security challenges and cases of abduction, Fagbemi also reassured Nigerians that the ICC had not opened a formal investigation against the Nigerian government or its institutions over the allegations contained in the petition.

The government maintained that Nigeria remains responsible for addressing its internal security challenges through its own institutions and under national law, while the ICC’s dismissal of the petition has ended the specific proceedings arising from the anonymous submission.