Appeal Court Clears Fidelity Bank of Liability in Fundamental Rights Case Against EFCC
The Court of Appeal in Abuja has overturned a decision of the Federal Capital Territory High Court that held Fidelity Bank Plc liable in a fundamental rights case involving the Economic and Financial Crimes Commission (EFCC).
A three-member panel led by Justice Adebukola Banjoko delivered the judgment on September 14, 2026, allowing Fidelity Bank’s appeal against the lower court’s ruling.
The case followed a suit filed by Michael Kundera over his alleged arrest and detention in May 2023.
The FCT High Court, presided over by Justice Peter Kekemeke, had ruled that Kundera’s fundamental rights were violated and awarded N10 million in costs against Fidelity Bank, the EFCC and former EFCC Chairman Abdulrasheed Bawa.
Fidelity Bank appealed the decision, arguing that there was insufficient evidence linking it to any violation of Kundera’s constitutional rights.
In its appeal, the bank maintained that its petition to the EFCC concerned allegations of criminal conduct involving legal entities that 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 argued that Kundera was not the subject of the petition and, therefore, there was no basis for holding it responsible for the alleged infringement of his rights.
The Court of Appeal agreed with the bank’s position.
The three-member panel held that there was no credible evidence before the trial court establishing that Fidelity Bank had infringed Kundera’s fundamental rights.
The appellate court further found that Kundera had failed to discharge the burden of proof required to establish wrongdoing by the bank sufficient to justify the reliefs granted by the lower court.
The original case centred on Kundera’s arrest and detention between May 15 and 16, 2023.
Kundera had argued that his detention without being charged before a court or released on bail violated his constitutional rights.
His legal team also linked the dispute to a parcel of land at the Foreign Affairs Quarters, which Kundera claimed belonged to him.
The lower court subsequently ruled against Fidelity Bank and the EFCC.
Fidelity Bank rejected the finding and asked the Court of Appeal to determine whether the trial judge had properly exercised his discretion in granting reliefs against the bank without sufficient material evidence establishing its liability.
With its latest judgment, the Court of Appeal has reversed the finding of liability against Fidelity Bank.
