FCT high court fines EFCC N10 million for rights violation

In a landmark ruling, the Federal Capital Territory High Court imposed a hefty N10 million fine on the Economic and Financial Crimes Commission (EFCC) and three others for violating the fundamental rights of Michael Kundera.

Former EFCC boss Abdulrasheed Bawa, an EFCC officer named Calistus, and Fidelity Bank Plc were among the respondents in the suit.

Justice Peter Kekemeke, presiding over the case, issued the fine during his judgment on a suit filed by Kundera, alleging infringement of his fundamental rights.

The judge held that the respondents had violated Kundera’s rights by arresting and detaining him without due process, stressing that such treatment was unwarranted, especially considering Kundera’s age of 75 years.

Declaring the arrest and detention as unlawful, Justice Kekemeke rebuked the respondents for harassing Kundera in a matter already adjudicated by the court, deeming their actions as exceeding their authority.

The court ordered the respondents to pay N10 million severally or jointly to Kundera for the violation of his rights, in addition to a separate N2 million as costs for the legal action.

Kundera’s counsel, Dr. O. Orji, argued that his client was invited, detained, and denied administrative bail in a case already decided by the court, involving a plot of land lawfully owned by Kundera at the foreign affairs quarters.

The matter, also pending at the Court of Appeal, underscores the egregious nature of the respondents’ actions, especially considering Kundera’s elderly status and the court’s prior judgment.

Orji prayed for the court to declare the arrest and detention unlawful, seeking redress for the violation of Kundera’s rights.