Court of Appeal clears Fidelity Bank in fundamental rights case

The Court of Appeal in Abuja has cleared Fidelity Bank Plc of liability in a fundamental rights case involving Michael Kundera, overturning an earlier judgement of the Federal Capital Territory High Court.

A three-member panel led by Justice Adebukola Banjoko delivered the judgement on 14 September, allowing Fidelity Bank’s appeal and overturning the lower court’s finding of liability against the bank.

The case originated from suit number CV/6258/23, filed by Michael Kundera to enforce his fundamental rights following his arrest and detention between 15 and 16 May 2023. 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.

In its judgement delivered in April 2024, the FCT High Court, presided over by Justice Peter Kekemeke, declared Michael 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 Michael Kundera, who was reported to be 75 years old at the time, should not have been subjected to such treatment. The court further held that continued invitations and threats against him regarding a matter that had already been decided exceeded the respondents’ lawful bounds.

Through his counsel, O. Orji, Michael 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. It maintained that Michael Kundera was not the subject of the petition and that, therefore, there was no basis to hold the bank responsible for the alleged violation of his rights.

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Fidelity Bank consequently asked the appellate court to determine whether the trial judge had properly exercised his discretion in granting relief against the bank, without sufficient material evidence to establish its involvement or liability.

The Court of Appeal upheld the bank’s position. The panel found that there was no credible evidence before the trial court establishing that Fidelity Bank had infringed on Michael 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 relief 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.