Court of Appeal: Fidelity Bank Kundera Fundamental Rights Appeal Wins

• The Court of Appeal in Abuja overturned a Federal Capital Territory High Court decision against Fidelity Bank Plc.
• The appellate court ruled that there was no credible evidence that Fidelity Bank violated Kundera’s fundamental rights.
• The original judgment had held Fidelity Bank liable in a fundamental rights case involving the EFCC and awarded ₦10 million.
• A three-member panel led by Justice Adebukola Banjoko delivered the judgment on September 14, 2026, upholding Fidelity Bank's appeal.
• This decision clarifies the high evidential burden required to prove fundamental rights violations against financial institutions in Nigeria.

The appellate court's decision, delivered on September 14, 2026, effectively nullifies the lower court's judgment, which had also imposed a ₦10 million award against the financial institution.

Nigeria's Court of Appeal, sitting in Abuja, has decisively overturned a previous ruling by the Federal Capital Territory High Court that had found Fidelity Bank Plc liable in a fundamental rights case. The appellate court's decision, delivered on September 14, 2026, effectively nullifies the lower court's judgment, which had also imposed a ₦10 million award against the financial institution. This significant ruling stems from an appeal lodged by Fidelity Bank, challenging the initial finding of liability.

The original dispute saw an individual, identified as Kundera, alleging infringements of fundamental rights, leading to the Federal Capital Territory High Court's determination that Fidelity Bank was culpable. This initial judgment not only held the bank responsible for the alleged violations but also mandated a substantial financial compensation of ₦10 million to the applicant. The involvement of the EFCC in the broader context of the case suggested a situation where the bank's actions, or inactions, were scrutinized in relation to law enforcement activities.

Fidelity Bank, dissatisfied with the High Court's findings and the monetary award, subsequently pursued an appeal to the higher court. Their legal challenge aimed to demonstrate that the initial ruling was flawed and that the bank had not, in fact, violated any fundamental rights as alleged. The Court of Appeal's recent decision vindicates Fidelity Bank's position, setting aside the previous judgment in its entirety.

The core of the Court of Appeal's decision rested on the absence of credible evidence to support the claim that Fidelity Bank had violated Kundera's fundamental rights. Justice Adebukola Banjoko, leading the panel, emphasized that for such serious allegations to stand, they must be backed by compelling and verifiable proof. The appellate court found that the evidence adduced at the lower court was insufficient to establish the bank's liability, thereby necessitating the reversal of the earlier judgment.

This ruling clarifies the stringent evidential burden placed on claimants seeking to establish fundamental rights violations, particularly when financial institutions like Fidelity Bank are involved, and especially in cases that may intersect with the operations of agencies such as the EFCC. The Court of Appeal's stance highlights the importance of robust and credible evidence in securing a favorable judgment in such matters, reinforcing principles of Nigeria fundamental rights case law.

This judgment from the Court of Appeal in Abuja carries significant implications for future litigation concerning fundamental rights, particularly those involving financial institutions and the actions of regulatory bodies. The overturning of the ₦10m award against Fidelity Bank Plc serves as a precedent, emphasizing that mere allegations are not enough; concrete and credible evidence is paramount to prove a violation of fundamental rights.

Legal practitioners should take note of the Court of Appeal's stringent stance on the evidential burden required to establish fundamental rights violations against financial institutions in Nigeria, especially in cases involving the EFCC. This ruling may influence litigation strategies, making it more challenging for applicants to succeed without clear and convincing proof of direct culpability on the part of banks. The outcome of Kundera v Fidelity Bank appeal underscores a judicial commitment to upholding due process and ensuring that liability is only assigned where there is undeniable factual basis.

This ruling clarifies the evidential burden required to establish fundamental rights violations against financial institutions in Nigeria, particularly in cases involving the EFCC. Lawyers should note the Court of Appeal's stringent stance on proof, which may impact future litigation strategies for or against banks in similar claims.

Source: Original reporting via TheNigeriaLawyer