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.
In a statement released on Thursday, Fagbemi clarified that there is no active investigation by the Hague-based court into the Nigerian state. He noted that the rumors appear to have been sparked by a petition submitted to the ICC by an unidentified individual.
The AGF emphasized that while petitions can be submitted to the ICC by any party, such submissions do not automatically trigger a formal investigation. He vowed that the federal government would take appropriate action to identify and hold accountable the unknown person responsible for the petition, describing the act as an attempt to mislead the public.
ICC Jurisdiction and the Complementarity Principle
The International Criminal Court operates under the principle of complementarity, which means it only intervenes when national legal systems are unwilling or unable to genuinely carry out investigations or prosecutions. For the ICC to open a formal investigation, the Prosecutor must first determine there is a reasonable basis to proceed, often following a preliminary examination.
Nigeria has historically maintained that its internal judicial mechanisms, including the High Courts and military tribunals, are capable of addressing allegations of human rights abuses. By asserting that the claims of an ICC probe are false, the AGF is reinforcing the position that the Nigerian state retains primary jurisdiction over its internal security and legal matters.
The submission of petitions to international bodies by non-governmental organisations or private citizens is a common occurrence in Nigeria, often coinciding with periods of heightened security operations in the North East and North West. However, the transition from a petition to a formal investigation requires a high threshold of evidence and a failure of domestic legal remedies.
The AGF’s response comes at a time when the federal government is under pressure to demonstrate its commitment to the rule of law and the protection of human rights amidst ongoing counter-insurgency efforts. The government has repeatedly stated its intention to prosecute any security personnel found guilty of misconduct during official operations.
The Ministry of Justice is now expected to investigate the origins of the petition and determine if the action constitutes a legal offence or a breach of national security protocols.
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