The Court of Appeal in Abuja has overturned a Federal Capital Territory High Court decision that held Fidelity Bank Plc liable in a fundamental rights case involving the Economic and Financial Crimes Commission.
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A three-member panel, led by Justice Adebukola Banjoko, delivered judgment on 14 September, 2026, upholding Fidelity Bank’s appeal against the lower court’s decision.
The case arose from a suit filed by Michael Kundera over his alleged arrest and detention in May 2023.
The FCT High Court, presided over by Justice Peter Kekemeke, had found that Kundera’s fundamental rights were violated and awarded N10m in costs against the bank, the EFCC and former EFCC Chairman Abdulrasheed Bawa.
Fidelity Bank challenged the ruling at the appellate court, arguing that there was insufficient evidence linking it to any violation of Kundera’s constitutional rights.
In its appeal, the bank said its petition to the EFCC concerned allegations of criminal conduct involving legal entities that had obtained a N100 million loan procurement order from the bank for a specific project but allegedly diverted the funds for personal use.
The bank argued that Kundera was not the subject of its petition and that there was therefore no basis for holding it responsible for the alleged infringement of his rights.
The appellate court agreed with the bank’s position.
The three-member panel found that there was no credible evidence before the trial court establishing that Fidelity Bank had infringed Kundera’s fundamental rights.
The court also held that Kundera had failed to discharge the burden of proof required to establish wrongdoing by the bank sufficient to justify the reliefs granted by the lower court.
The original case centred on Kundera’s arrest and detention between 15 and 16 May, 2023.
He had argued that his detention without being charged to court or released on bail violated his constitutional rights.
His legal team also linked the dispute to a parcel of land at the Foreign Affairs Quarters, which Kundera claimed belonged to him.
The lower court subsequently ruled against the bank and the EFCC.
Fidelity Bank rejected the finding and asked the Court of Appeal to determine whether the trial judge had properly exercised his discretion in granting reliefs against the bank without sufficient material evidence establishing its liability.
The appellate court’s decision has now reversed the finding against Fidelity Bank.
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