On 26 March 2026, the Office of the Prosecutor of the International Criminal Court (ICC) and the Federal Republic of Nigeria concluded a Memorandum of Understanding (MoU), deferring to Nigeria's primary responsibility to address alleged crimes under ICC jurisdiction. Exercising vigilance in the implementation of the MoU and enhancing cooperation are key elements of this instrument.
The MoU was signed by Deputy Prosecutor Mame Mandiaye Niang and the Attorney General and Minister of Justice of the Nigerian Federation, Mr Lateef Olasunkanmi Fagbemi SAN, during the Deputy Prosecutor's high-level visit to Nigeria from 25 to 28 March 2026.
The signing of this MoU is the result of longstanding and constructive engagements between the Office and the Nigerian authorities at both strategic and technical levels.
In 2020, the Office concluded that serious crimes under the ICC's jurisdiction had been committed in Nigeria, indicating that any future decision on the situation would be based on the dialogue with the Nigerian authorities.
Since then, the Office has engaged in continuous dialogue with the Nigerian authorities and has received additional information on relevant domestic proceedings. This includes proceedings in relation to alleged crimes committed by Boko Haram and the Islamic State in West Africa Province, and members of the Nigerian Armed Forces. These developments have informed the Office's assessment of the situation.
The Office acknowledges tangible progress made by Nigeria in addressing alleged crimes committed by Boko Haram and the Islamic State in West Africa Province. While the information provided indicates that allegations concerning members of the Nigerian Armed Forces have been addressed through court martial proceedings, the Office expects further progress in this regard.
Throughout its engagements with the Office, the Nigerian authorities consistently and unequivocally reaffirmed their willingness and ability to address the alleged crimes and to further strengthen cooperation with the Office in the fight against impunity.
"The Office welcomes the constructive dialogue with national authorities and recognises progress made in addressing alleged crimes. At the same time, we remain convinced that further
efforts are necessary to ensure comprehensive accountability," said Deputy Prosecutor at the signing of the MoU.
"Complementarity is not merely a legal threshold but a pathway through which effective justice can be realised in practice. It is a fundamental principle of the Rome Statute, aiming at ensuring that States genuinely investigate and prosecute ICC crimes. Complementary remains a core priority for the Office. Whenever national jurisdictions step in, we must exercise vigilance in insuring that justice processes are delivered for victims in a credible and effective manner."
Consistent with its position stated in 2024, the Office has decided not to seek authorisation to open an investigation and will instead focus on strengthening complementarity with Nigeria.
The MoU provides for mutual visits, technical meetings and the development of an action plan for its effective implementation. "I am convinced that this MoU provides the basis of a strong framework for enhanced cooperation and further concrete action to actively and collaboratively address the alleged crimes in Nigeria, thereby contributing to ensuring genuine progressive efforts to close the impunity gap."
During his visit, the Deputy Prosecutor also paid a courtesy visit to the Vice-President of the Federal Republic of Nigeria, H.E. Mr Kashim Shettima (GCON), met with civil society organisations and members of the diplomatic community. He emphasised the importance of collective efforts: "Addressing international crimes requires the engagement of all relevant stakeholders while fully respecting the independence and impartiality of judicial processes. By working together to continue supporting national proceedings in Nigeria, we increase the prospect of delivering meaningful justice for victims and affected communities. The Office remains committed to playing its part in this endeavour."
The Office expresses its gratitude to the Federal Republic of Nigeria for the support provided during the visit.
