Abuja court slams N10m fine on EFCC, Fidelity Bank for violation of fundamental rights
A Federal Capital Territory High Court on Monday slammed N10 million fine on the Economic and Financial Crimes Commission (EFCC) and three others for fundamental rights violation.
Other respondents in the suit are former EFCC boss, Abdulrasheed Bawa, an officer with the agency, Calistus, and Fidelity Bank Plc.
The trio were found to have unlawfully arrested and detained a 75-year-old Michael Kundera without charge or bail. Justice Peter Kekemeke declared the arrest and detention unlawful and a violation of Kundera’s fundamental rights, ordering the respondents to pay the sum of N10 million jointly or severally.
Furthermore, the respondents were ordered to pay N2 million as costs for the action.
The court’s decision came after Kundera filed a suit to enforce his fundamental rights, citing the respondents’ harassment and violation of his rights in a matter already decided by the court.
Kekemeke said, “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.
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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.
“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”.
