The International Criminal Court (ICC) has thrown out an anonymous request seeking an investigation into alleged crimes against humanity linked to systemic kidnappings in Nigeria.
Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), disclosed this in a statement issued by his Special Adviser on Communication and Publicity, Kamarudeen Ogundele, in Abuja on Thursday.
The petition, titled ‘Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity’, was identified as ICC-RoC46(3)-01/26.
According to Fagbemi, the communication was submitted anonymously and failed to meet the procedural requirements governing the ICC.
He said the Court’s Pre-Trial Chamber II dismissed the request at the threshold, ruling that it had not been properly brought before the Court and lacked a legal foundation for consideration.
The Attorney-General said the dismissal followed an earlier procedural action in which the President of the Pre-Trial Division had referred 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,” Fagbemi said.
He maintained that the referral was made without an initial reasoned determination regarding the Chamber’s jurisdiction or whether the communication was manifestly frivolous.
Fagbemi said the process ran contrary to what he described as “foundational procedural safeguards” contained in the Court’s regulations.
He named the members of Pre-Trial Chamber II as Rosario Salvatore Aitala, Sergio Gerardo Ugalde Godínez and Haykel Ben Mahfoudh.
While welcoming the Chamber’s decision to dismiss the case, the minister expressed concern over how the anonymous filing was initially handled.
He argued that the communication had bypassed the established legal process and had the potential to undermine confidence in the Court’s judicial procedures.
“The activation of internal registry mechanisms based on an unverified filing represents an unusual and troubling departure from the governing statutory framework,” he said.
Fagbemi further argued that internal administrative procedures could not override the processes prescribed by 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 a formal referral could also be made by a State Party or the United Nations Security Council.
According to the minister, neither the President of the Pre-Trial Division nor a Pre-Trial Chamber is empowered to entertain anonymous petitions or intervene in the domestic security affairs of a sovereign state.
Fagbemi cautioned that allowing anonymous requests to trigger administrative processes without proper scrutiny could affect Nigeria’s cooperation and relationship with the ICC.
He, however, reaffirmed Nigeria’s commitment 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 minister said Nigeria’s position was anchored on the principle of complementarity, under which national institutions have the primary responsibility for addressing domestic crimes.
He also sought to allay concerns over the development, stressing that the ICC had neither commenced an investigation against Nigeria nor made any adverse finding against the Federal Government or its institutions.
Fagbemi urged all organs of the international court to strictly observe the procedures established by its governing instruments.
He said adherence to due process was essential to preserving the credibility of the ICC and sustaining the confidence of sovereign states that are parties to the Court.
Post A Comment: