The Court of Appeal in Abuja has cleared Fidelity Bank Plc of liability in a fundamental rights case involving Michael Kundera, overturning an earlier judgment of the Federal Capital Territory High Court.
A three-member panel led by Justice Adebukola Banjoko delivered the judgment on September 14, 2026, allowing Fidelity Bank’s appeal and setting aside the lower court’s finding of liability against the bank.
The case arose from Suit No. CV/6258/23, filed by Michael Kundera to enforce his fundamental rights following his arrest and detention between May 15 and 16, 2023. Kundera alleged that he was detained without being charged before a court or granted administrative bail.
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The respondents included the Economic and Financial Crimes Commission (EFCC), former EFCC Chairman Abdulrasheed Bawa, an EFCC officer identified as Calistus, and Fidelity Bank Plc.
In its judgment delivered in April 2024, the FCT High Court, presided over by Justice Peter Kekemeke, held that Kundera’s arrest and detention were unlawful and amounted to a violation of his fundamental rights.
The court ordered the respondents, jointly and severally, to pay Kundera ₦10 million in damages for the violation, along with an additional ₦2 million as costs of the action.
The trial judge also noted that Kundera, who was reportedly 75 years old at the time, should not have been subjected to such treatment. The court further held that continued invitations and threats against him in connection with a matter that had already been decided went beyond the lawful bounds of the respondents.
Through his counsel, O. Orji, Kundera linked the dispute to a parcel of land at the Foreign Affairs Quarters, which he claimed belonged to him lawfully. He also maintained that the matter was already pending before the Court of Appeal in Suit No. CA/ABJ/CV/533/2021.
Among other reliefs, he sought declarations that his arrest and detention violated his rights under Sections 35 and 36 of the 1999 Constitution, an order restraining further invitations or threats of arrest, and ₦500 million in exemplary or aggravated damages.
Fidelity Bank challenged the High Court’s decision, arguing that there was no credible evidence linking the bank to Kundera’s arrest, detention or the alleged violation of his constitutional rights.
The bank told the appellate court that its involvement was limited to a petition submitted to the EFCC concerning allegations of criminal conduct involving legal entities that had obtained a ₦100 million loan procurement order for a specific project but allegedly diverted the funds for personal use.
Fidelity Bank maintained that Kundera was not the subject of the petition and argued that there was therefore no legal or evidential basis for holding the bank responsible for the alleged infringement of his fundamental rights.
The bank consequently asked the Court of Appeal to determine whether the trial judge had properly exercised his discretion by granting reliefs against it without sufficient evidence establishing its involvement or liability.
The Court of Appeal upheld Fidelity Bank’s position, finding that there was no credible evidence before the trial court establishing that the bank had infringed Kundera’s fundamental rights.
The appellate court further held that Kundera had failed to discharge the burden of proof required to establish wrongdoing by Fidelity Bank and justify the reliefs granted against it.
The Court of Appeal consequently set aside the finding of liability against Fidelity Bank, clearing the bank of responsibility for the alleged infringement of Kundera’s fundamental rights.
