Key Points
- ICC dismisses anonymous request seeking investigation into alleged systemic kidnappings in Nigeria.
- Attorney-General Lateef Fagbemi says the filing breached established Court procedures.
- Federal Government says no ICC investigation has been opened against Nigeria.
Main Story
The International Criminal Court (ICC) has dismissed an anonymous request seeking an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity.
Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), disclosed this in a statement issued on Thursday in Abuja by his Special Adviser on Communication and Publicity, Kamarudeen Ogundele.
The filing, titled ‘Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity’, was submitted anonymously under reference number ICC-RoC46(3)-01/26.
Fagbemi said the ICC’s Pre-Trial Chamber II rejected the communication at the threshold because it had not been properly brought before the Court and lacked a legal basis for consideration under its governing framework.
He said the communication had earlier been assigned to Pre-Trial Chamber II by the President of the Pre-Trial Division under Regulation 46(3).
The minister said Nigeria welcomed the Chamber’s dismissal but remained concerned about what he described as the improper initial handling of the anonymous filing.
The Issues
Fagbemi said the assignment was made without a prior reasoned determination of the Chamber’s competence or whether the communication was manifestly frivolous.
He described the development as a breach of what he called the “foundational procedural safeguards” under the Court’s regulations.
“The Federal Government notes with serious concern that on August 26, the President of the Pre-Trial Division improperly initiated a procedural process,” Fagbemi said.
He identified the judges on Pre-Trial Chamber II as Rosario Salvatore Aitala, Sergio Gerardo Ugalde Godínez and Haykel Ben Mahfoudh.
Fagbemi said the anonymous filing had bypassed established legal channels and warned that the handling of such requests could affect Nigeria’s relationship and cooperation with the ICC.
“The activation of internal registry mechanisms based on an unverified filing represents an unusual and troubling departure from the governing statutory framework,” he said.
The minister said the authority to evaluate information or request an investigation rested with the ICC Prosecutor, while formal referrals could also come from a State Party or the UN Security Council.
What’s Being Said
“The authority to evaluate information or request an investigation rests solely with the Prosecutor of the ICC,” Fagbemi 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,” he said.
What’s Next
Fagbemi urged all organs of the ICC to comply strictly with established statutory procedures to protect the credibility of international criminal justice and maintain the confidence of sovereign State Parties.
He said Nigeria remained committed to the Rome Statute, international accountability and the rule of law.
The minister also reassured Nigerians and the international community that the ICC had not opened an investigation against Nigeria and had made no adverse finding against the Nigerian Government or its institutions.
He said Nigeria’s position was consistent with the principle of complementarity, under which domestic judicial and law enforcement institutions retain primary responsibility for investigating and prosecuting domestic criminal offences.
Bottom Line
The ICC has dismissed an anonymous communication seeking an investigation into alleged systemic kidnappings in Nigeria. The Federal Government welcomed the dismissal but criticised what it described as procedural irregularities in the handling of the filing.
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