Court of Appeal Clears Fidelity Bank of Liability in Fundamental Rights Case

The Court of Appeal in Abuja has overturned an earlier judgment of the Federal Capital Territory High Court that held Fidelity Bank Plc liable in a fundamental rights case involving Michael Kundera.
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 of liability against the bank.
The case arose from suit No. CV/6258/23, filed by Kundera over his arrest and detention between May 15 and 16, 2023. He alleged that he was detained without being charged before a court or granted administrative bail.
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 April 2024, the FCT High Court, presided over by Justice Peter Kekemeke, had ruled that Kundera’s arrest and detention were unlawful and violated his fundamental rights. The court ordered the respondents, jointly or severally, to pay him ₦10 million in damages and an additional ₦2 million as costs.
Kundera had linked the dispute to a parcel of land at the Foreign Affairs Quarters, which he claimed belonged to him. Through his counsel, O. Orji, he argued 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, as well as an order restraining further invitations or threats of arrest. He also sought ₦500 million in exemplary or aggravated damages.
Fidelity Bank challenged the High Court decision, arguing that there was no credible evidence linking 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 over alleged 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 further argued that Kundera was not the subject of the petition and that there was no sufficient basis for holding the bank responsible for the alleged infringement.
In its judgment, the Court of Appeal upheld the bank’s position, finding that there was no credible evidence establishing that Fidelity Bank had infringed Kundera’s fundamental rights.
The appellate court also held that Kundera had failed to discharge the burden of proof required to establish wrongdoing by the bank and justify the reliefs granted against it.
The Court of Appeal consequently reversed the finding of liability against Fidelity Bank, clearing the bank of responsibility for the alleged violation of Kundera’s fundamental rights.