Court slams Fidelity BankAnd Others N10m Fine Over Rights Violation

On Monday, the Maitama Division of the Federal Capital Territory High Court ordered the Economic and Financial Crimes Commission and three others to pay N10 million in fine for violating fundamental rights.

Other respondents included Abdulrasheed Bawa, a former EFCC head, an EFCC official, Calistus, and Fidelity Bank Plc.

Justice Peter Kekemeke slapped the expense on the respondents as he handed judgment in a lawsuit filed by Michael Kundera to enforce his fundamental rights.

The judge held that the respondents violated the applicant’s fundamental rights by arresting and detaining him from May 15 to May 16, 2023, without charging him to court or releasing him on bail.

He added that a 75-year-old man should not be subjected to such treatment.

“I hereby declare that the arrest and detention of the applicant from May 15 to May 16, 2023, was unlawful and violated the applicant’s fundamental rights. The harassment of the applicant in a matter already decided by the court is a violation of his rights, and the 1st to 3rd respondents exceeded their bounds.

“The case of the applicant succeeds, and the respondents are ordered to pay the sum of N10 million severally or jointly to the applicant for violation of his fundamental rights,” the judge said.

The judge also ordered the respondents to pay N2 million as a cost for the action.

Mr Kundera, through his counsel, O. Orji, in suit no CV/6258/23, told the court that the applicant was invited, detained, and refused administrative bail in a matter decided already by an FCT high court.

He said that the subject matter was a plot of land at the foreign affairs quarters, which lawfully belonged to the applicant.

According to the applicant’s counsel, the matter is also pending at the court of appeal marked CA/ABJ/CV/533/2021 against the principle of pendente lite.

The applicant prayed for the order of the court to declare that the arrest and detention of the applicant from May 15 and May 16 was unlawful. He added that it was unconstitutional and a gross violation of the applicant’s fundamental rights as guaranteed under sections 35 (4)(5) and 36 (1) and (5) of the 1999 constitution as amended.

“A declaration that the respondents have exceeded their bounds by their continued invitation and threats on the applicant. An order restraining the respondents from the continued invitation, a threat to re-arrest and detain the applicant.

”Payment of the sum of N500 million as exemplary or aggravated damages is an unconstitutional, inexplicable, unjust, uncouth, and barbaric infringement of the applicant’s fundamental rights,” the applicant’s counsel said.