…. vows action over petition by unknown person
By Ikechukwu Nnochiri
ABUJA— The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has dismissed as false the claim that the International Criminal Court (ICC) is investigating Nigeria for alleged crimes against humanity.
However, the AGF, in a statement on Thursday, admitted that a petition anonymously filed before the global court, seeking an investigation into alleged “systemic kidnappings in Nigeria as crimes against humanity,” was dismissed as incompetent.
Even though the application was dismissed, the Justice Minister said the Federal Government has decided to express its displeasure to the ICC over the bypass of established legal channels by the President of its Pre-Trial Division.
According to the AGF, assigning an unverified petition from an anonymous submitter to Pre-Trial Chamber II, purportedly pursuant to Regulation 46(3) of the Regulations of the Court, was a legal misstep capable of casting an unnecessary shadow over the integrity of the ICC’s judicial processes.
The statement, which the AGF made available to newsmen through his media aide, Mr. Kamarudeen Ogundele, read:
“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 (ICC) titled ‘Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity’ (Document No. ICC-RoC46(3)-01/26).
“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.
“This administrative 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.
“The Federal Ministry of Justice confirms that, following this flawed initiation, Pre-Trial Chamber II, comprising Judge Rosario Salvatore Aitala (Presiding), Judge Sergio Gerardo Ugalde Godínez, and Judge Haykel Ben Mahfoudh, issued an official decision on 1st September 2026, unequivocally dismissing the request in limine (at the threshold) on the clear ground that it was not properly before the Court and lacked any legal basis.
“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.
“The activation of internal registry mechanisms based on an unverified filing by an ‘unknown submitter’ represents an unusual and troubling departure from the governing statutory framework of the Rome Statute.
“For the avoidance of doubt, internal administrative guidelines cannot be used to bypass the strict rules established under the Rome Statute. 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. 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 Federal Government emphasizes that such procedural breaches risk casting an unnecessary shadow over the integrity of the Court’s judicial processes. Unchecked administrative entertaining of unverified, anonymous requests has the potential to impugn and strain the progress, mutual respect, and constructive cooperation painstakingly built over the years between the Federal Republic of Nigeria and the International Criminal Court.
“Nigeria remains a steadfast State Party to the Rome Statute, committed to 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 under the fundamental principle of complementarity.
“The Federal Government reassures the Nigerian public and the international community that no investigation has been opened by the ICC against Nigeria, nor has any adverse finding been made against the Nigerian State or its institutions.
“The Federal Government calls on all organs of the Court to adhere strictly to clear statutory procedures to protect the credibility of international criminal justice and maintain the trust of sovereign State Parties.”
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