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 14 September 2026, allowing Fidelity Bank’s appeal and overturning the lower court’s finding of liability against the bank. This decision was made in relation to a case filed by Michael Kundera to enforce his fundamental rights following his arrest and detention between 15 and 16 May 2023.
The case originated from suit number CV/6258/23, filed by Michael Kundera to enforce his fundamental rights. He alleged that he was detained without being charged before a court or granted administrative bail. The respondents in the case included the Economic and Financial Crimes Commission, former EFCC Chairman Abdulrasheed Bawa, an EFCC officer identified as Calistus, and Fidelity Bank Plc. Kundera, who was reported to be 75 years old at the time, claimed that his arrest and detention were unlawful and a violation of his fundamental rights.
In its judgment delivered in April 2024, the FCT High Court, presided over by Justice Peter Kekemeke, declared Kundera’s arrest and detention unlawful and a violation of his fundamental rights. The court ordered the respondents, jointly or severally, to pay him ₦10 million for the violation and an additional ₦2 million as costs of the action. The trial judge also observed that Kundera should not have been subjected to such treatment. The court further held that continued invitations and threats against him in relation to a matter that had already been decided exceeded the lawful bounds of the respondents.
Through his counsel, O. Orji, Kundera had linked the dispute to a parcel of land at the Foreign Affairs Quarters, which he claimed lawfully belonged to him. He also maintained that the matter was already pending before the Court of Appeal in suit number CA/ABJ/CV/533/2021. Among other reliefs, he sought declarations that his arrest and detention violated rights guaranteed 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 connecting the bank to Michael Kundera’s arrest, detention or the alleged infringement of his constitutional rights. The bank explained that its involvement was limited to a petition submitted to the EFCC concerning allegations of criminal conduct by legal entities that had obtained a ₦100 million loan procurement order for a specific project but allegedly diverted the funds for personal use.
The Court of Appeal upheld the bank’s position, finding that there was no credible evidence before the trial court establishing that Fidelity Bank had infringed Kundera’s fundamental rights. It also held that he had failed to discharge the burden of proof required to establish wrongdoing by the bank and justify the reliefs granted against it. The appellate court’s decision consequently reversed the finding of liability against Fidelity Bank and cleared the bank of responsibility for the alleged infringement.
The Court of Appeal’s decision has significant implications for Fidelity Bank, as it absolves the bank of any liability in the case. The bank had argued that it was not responsible for Kundera’s arrest and detention, and the appellate court’s judgment confirms this position. The decision also highlights the importance of presenting credible evidence in court cases, as the lack of evidence against Fidelity Bank led to its exoneration.
Key points
- The Court of Appeal in Abuja clears Fidelity Bank of liability in fundamental rights case involving Michael Kundera.
- The appellate court's decision overturns an earlier judgment of the Federal Capital Territory High Court.
- The case involved Kundera's arrest and detention, which he claimed were unlawful and a violation of his fundamental rights.
