The International Criminal Court has dismissed an anonymous case against Nigeria over alleged crimes against humanity, attorney general Lateef Fagbemi says.
Mr Fagbemi disclosed this in a statement on Thursday. He said the filing, titled ‘Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity’, breached established ICC procedures.
The document, numbered ICC-RoC46(3)-01/26, was submitted anonymously and sought an investigation into alleged systemic kidnappings in Nigeria.
Mr Fagbemi said the ICC’s Pre-Trial Chamber II dismissed the request at the threshold because it was improperly before the Court.
He said the chamber also found that the communication lacked any legal basis for consideration under the Court’s governing framework. According to him, the dismissal followed an earlier procedural step which he described as improper.
He said the president of the Pre-Trial Division had assigned the unverified communication to Pre-Trial Chamber II under Regulation 46(3).
“The federal government notes with serious concern that on August 26, the president of the Pre-Trial Division improperly initiated a procedural process,” Mr Fagbemi said.
He said the assignment occurred without a prior, reasoned determination on the Chamber’s competence or whether the communication was manifestly frivolous.
Mr Fagbemi said the development breached “foundational procedural safeguards” established under the Court’s regulations. He identified the judges on Pre-Trial Chamber II as Rosario Salvatore Aitala, Sergio Gerardo Ugalde Godínez and Haykel Ben Mahfoudh.
The attorney general said Nigeria welcomed the chamber’s swift dismissal but remained concerned about the initial handling of the anonymous communication. He said the filing unusually bypassed established legal channels and could cast an unnecessary shadow over the court’s judicial processes.
“The activation of internal registry mechanisms based on an unverified filing represents an unusual and troubling departure from the governing statutory framework,” he said.
Mr Fagbemi said internal administrative guidelines could not be used to circumvent procedures established under the Rome Statute.
“The authority to evaluate information or request an investigation rests solely with the prosecutor of the ICC,” he said.
He added that formal referrals could also originate from a state party or the UN Security Council. According to him, neither the president of the Pre-Trial Division nor any Pre-Trial Chamber has authority to receive anonymous petitions.
He said such bodies also lacked the power to interfere in the internal security matters of a sovereign nation.
Mr Fagbemi warned that unchecked administrative handling of anonymous requests could undermine Nigeria’s relationship and cooperation with the ICC. He stressed that Nigeria remained committed to the Rome Statute, international accountability and the rule of law.
“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,” he said.
The attorney general said this position was consistent with the fundamental principle of complementarity under international criminal justice. He reassured Nigerians and the international community that the ICC had opened no investigation against Nigeria.
He further said the court had made no adverse finding against the Nigerian Government or its institutions.
Mr Fagbemi urged all organs of the ICC to adhere strictly to established statutory procedures to safeguard international criminal justice. He said compliance was necessary to preserve the court’s credibility and maintain trust among sovereign state parties.