The Court of Appeal sitting in Abuja has set aside a judgment of the Federal Capital Territory High Court which held Fidelity Bank Plc liable for the alleged violation of the fundamental rights of Michael Kundera.
A three-member panel led by Justice Adebukola Banjoko delivered the judgment on September 14, 2026, allowing the bank’s appeal against the decision of the lower court.
The FCT High Court, presided over by Justice Peter Kekemeke, had ruled that Kundera’s fundamental rights were breached following his arrest and detention in May 2023. The court subsequently awarded N10 million in costs against Fidelity Bank, the Economic and Financial Crimes Commission and former EFCC Chairman, Abdulrasheed Bawa.
Dissatisfied with the ruling, Fidelity Bank appealed, arguing that there was no evidence linking it to Kundera’s arrest, detention or alleged rights violation.
The bank told the appellate court that its involvement was limited to a petition it submitted to the EFCC over alleged criminal conduct involving certain legal entities.
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According to Fidelity Bank, the entities 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 maintained that Kundera was not the subject of the petition and that there was therefore no legal basis for holding it responsible for his arrest or detention.
The Court of Appeal upheld the bank’s position, ruling that there was no credible evidence before the trial court establishing a link between Fidelity Bank and any infringement of 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 sufficient to sustain the reliefs granted by the lower court.
The case arose from Kundera’s arrest and detention between May 15 and 16, 2023. He had alleged that his detention without being charged before a court or released on bail violated his constitutional rights.
Kundera had also linked the matter to a parcel of land at the Foreign Affairs Quarters, which he claimed belonged to him.
With the Court of Appeal’s decision, the finding of liability against Fidelity Bank by the FCT High Court has been overturned.
