The Court of Appeal in Abuja has cleared Fidelity Bank Plc of liability for the arrest and detention of 75-year-old businessman, Kundera Munkailu Michael, setting aside the portion of an earlier judgment that held the bank responsible for violating his fundamental rights.
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A three-member panel of the Court of Appeal, in its judgment delivered on September 14, 2026, allowed Fidelity Bank’s appeal and held that no credible evidence connected the financial institution to Kundera’s arrest or detention by the Economic and Financial Crimes Commission.
Justice Adebukola Banjoko delivered the lead judgment, with the other members of the panel agreeing that the appeal had merit.
The appeal arose from the April 29, 2024 judgment of Justice U.P. Kekemeke of the Federal Capital Territory High Court in Maitama, Abuja, in suit number FCT/HC/CV/6258/2023.
Kundera had instituted the fundamental-rights enforcement action against the EFCC, its former chairman, Abdulrasheed Bawa; an investigating officer identified as Calistus; and Fidelity Bank.
He alleged that EFCC officials arrested and detained him between May 15 and 16, 2023, without charging him before a court or releasing him on administrative bail.
Kundera also alleged that the arrest arose from a dispute concerning a property at the Foreign Affairs Quarters in Gwarinpa, Abuja, which he claimed lawfully belonged to him.
According to him, the dispute had already been determined by the FCT High Court and was pending before the Court of Appeal when Fidelity Bank petitioned the EFCC.
He sought declarations that his arrest and detention violated his rights under Sections 34, 35 and 36 of the 1999 Constitution, an injunction restraining further invitations or threats of arrest and ₦500 million in exemplary or aggravated damages.
In its April 2024 judgment, the FCT High Court held that Kundera’s arrest and detention were unlawful, unconstitutional and constituted a violation of his fundamental rights.
Justice Kekemeke said the respondents exceeded their lawful authority by continuing to invite, arrest and detain Kundera over a matter that had already been adjudicated upon and was pending on appeal.
The court consequently restrained the respondents from further inviting, threatening to arrest or detaining Kundera concerning the subject matter pending the determination of the earlier appeal.
It awarded ₦10 million against the respondents jointly and severally and an additional ₦2 million as costs of the action.
Dissatisfied with the decision, Fidelity Bank approached the Court of Appeal, arguing that the trial court wrongly imposed liability on it without evidence showing that it participated in Kundera’s arrest or detention.
Through its counsel, Uzomah Ibegbulem, the bank maintained that its involvement was limited to submitting a petition to the EFCC over alleged criminal activities involving corporate entities that obtained a ₦100 million Local Purchase Order financing facility for a specified project.
Fidelity Bank alleged that the companies diverted the facility for purposes unrelated to the project for which it was granted.
The bank argued that its petition was directed against the corporate entities allegedly involved in the transaction and not personally against Kundera.
It asked the appellate court to determine whether the trial judge properly exercised his discretion in granting reliefs against it when no material evidence established that it arrested, detained or directed the EFCC to violate Kundera’s constitutional rights.
Upholding the appeal, the Court of Appeal found that Kundera failed to discharge the evidential burden required to establish wrongdoing against Fidelity Bank.
The appellate court held that no credible evidence placed before the trial court established that the bank infringed Kundera’s fundamental rights or participated in his arrest and detention.
The court consequently allowed Fidelity Bank’s appeal and set aside the finding of liability against the bank. The judgment does not suggest that the appellate court set aside the trial court’s findings against the EFCC and its officials, who were separately accused of carrying out the arrest and detention.
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