The Court of Appeal in Abuja has overturned a ruling of the Federal Capital Territory (FCT) High Court that had held Fidelity Bank Plc liable in a fundamental rights case involving the Economic and Financial Crimes Commission (EFCC).
Delivering judgment on 14 September 2026, a three-member panel led by Justice Adebukola Banjoko upheld Fidelity Bank’s appeal, setting aside the lower court’s decision.
The case stemmed from a suit filed by Michael Kundera, who alleged unlawful arrest and detention in May 2023. Justice Peter Kekemeke of the FCT High Court had earlier found that Kundera’s rights were violated, awarding N10 million in damages against Fidelity Bank, the EFCC, and former EFCC Chairman Abdulrasheed Bawa.
Fidelity Bank challenged the ruling, arguing that there was no evidence linking it to any violation of Kundera’s constitutional rights. The bank explained that its petition to the EFCC concerned allegations of criminal conduct by corporate entities that had obtained a N100 million loan for a project but allegedly diverted the funds. It maintained that Kundera was not named in its petition and therefore could not be the basis for liability.
The appellate court agreed, holding that the trial court had no credible evidence establishing Fidelity Bank’s involvement in the alleged rights violation. The panel further ruled that Kundera failed to discharge the burden of proof required to justify the reliefs granted against the bank.
Kundera’s claim centred on his detention between 15 and 16 May 2023, which he argued violated his constitutional rights since he was neither charged nor granted bail. His legal team also linked the dispute to ownership of land at the Foreign Affairs Quarters.
The Court of Appeal’s decision has now reversed the earlier finding against Fidelity Bank, clearing the bank of liability in the matter.
