The Court of Appeal in Abuja has overturned a decision of the Federal Capital Territory High Court which held Fidelity Bank Plc liable alongside the Economic and Financial Crimes Commission in a fundamental-rights action.
A three-member panel led by Justice Adebukola Banjoko allowed Fidelity Bank’s appeal and set aside the finding against the financial institution.
The case arose from the arrest and detention of Michael Kundera between May 15 and 16, 2023.
Justice Peter Kekemeke of the FCT High Court had earlier held that Kundera’s fundamental rights were violated and awarded ₦10 million against Fidelity Bank, the EFCC and former EFCC Chairman Abdulrasheed Bawa.
Fidelity Bank appealed, arguing that there was no evidence showing that it caused or participated in any unconstitutional arrest or detention of Kundera.
The bank said its original petition to the EFCC concerned allegations involving entities that obtained a ₦100 million loan procurement order for a particular project and allegedly diverted the funds.
According to the bank, Kundera was not the person against whom its petition was directed.
The Court of Appeal accepted that position, holding that credible evidence had not been presented to establish that Fidelity Bank infringed Kundera’s constitutional rights.
The judgment is significant for banks, companies and individuals who petition law-enforcement agencies because it reinforces the need to distinguish between making a complaint and actually participating in an unlawful arrest or detention.
Liability in a fundamental-rights proceeding must still be established against each respondent by evidence.
READ MORE: Court Dismisses Ex-Bank Manager’s N10m Suit Against EFCC, Wife
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SOURCE: Punch Newspapers
