By Stephen Simon
The Court of Appeal sitting in Abuja has cleared Fidelity Bank Plc of liability in a fundamental rights enforcement suit instituted by Michael Kundera, overturning the decision of the Federal Capital Territory High Court which had held the bank liable over his arrest and detention.
A three-member panel led by Justice Adebukola Banjoko delivered the judgment on September 14, 2026, allowing Fidelity Bank’s appeal and reversing the finding against the financial institution.
The case arose from suit No. CV/6258/23, filed by Kundera following his arrest and detention between May 15 and 16, 2023. He had alleged that he was detained without being charged before a court or granted administrative bail.
The respondents included the Economic and Financial Crimes Commission, former EFCC Chairman Abdulrasheed Bawa, an EFCC officer identified as Calistus and Fidelity Bank Plc.
In its April 2024 judgment, the FCT High Court, presided over by Justice Peter Kekemeke, declared Kundera’s arrest and detention unlawful and held that his fundamental rights had been violated.
The trial court consequently ordered the respondents, jointly or severally, to pay Kundera N10 million in damages and a further N2 million as costs.
Kundera, who was reported to be 75 years old at the time, had linked the dispute to a parcel of land at the Foreign Affairs Quarters, which he claimed belonged to him. He also alleged that the matter was already pending before the Court of Appeal in suit No. CA/ABJ/CV/533/2021.
He had sought declarations that his arrest and detention violated rights guaranteed under Sections 35 and 36 of the 1999 Constitution, an order restraining further invitations or threats of arrest, and N500 million in exemplary or aggravated damages.
Fidelity Bank challenged the decision, arguing that there was no credible evidence connecting it to Kundera’s arrest, detention or any alleged violation of his constitutional rights.
The bank maintained that its involvement was limited to a petition submitted to the EFCC concerning allegations that legal entities which obtained a N100 million loan procurement order for a specific project had diverted the funds for personal use.
It argued that Kundera was not the subject of the petition and that the trial court therefore had no sufficient basis to hold the bank responsible for the alleged infringement.
The Court of Appeal agreed with the bank, finding that no credible evidence had established that Fidelity Bank infringed Kundera’s fundamental rights.
The appellate court also held that Kundera failed to discharge the burden of proof required to establish wrongdoing by the bank or justify the reliefs granted against it.
The judgment consequently reversed the finding of liability against Fidelity Bank and cleared the bank of responsibility for the alleged violation.
