Alleged Rights Violations: Businessman Drags EFCC, Fidelity Bank To Court

Hamilton Nwosa
Writer

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Michael Kundera, a 75-year-old businessman, Monday, sued the Economic and Financial Crimes Commission (EFCC), at the Abuja High Court, for alleged violation of his fundamental rights.

Other respondents in the suit are former EFCC chair, Abdulrasheed Bawa, an officer with an agency simply identified as Calistus, and Fidelity Bank Plc.

Mr. Kundera, through his counsel, O. Orji, stated in the suit that the EFCC invited, and detained him in May 2023, and refused to grant him bail in a matter already decided by the FCT High Court.

According to him, the matter is also pending at the Court of Appeal.

”I am 75 years old and did not find it funny being dragged about even when the judgment of the court was shown to the respondents,” he said.

He therefore prayed the court for an order to declare that his arrest and detention on 15 and 16 May 2023 was unlawful.

He added that it was unconstitutional and a gross violation of his fundamental rights as guaranteed under sections 35 (4)(5) and 36 (1) and (5) of the Nigerian constitution.

According to him, we are asking the court for an order of declaration that the respondents have exceeded their bounds by their continued invitation and threats on the applicant.

He also sought, among others, an order “restraining the respondents from continued invitation, threat to re-arrest and detain the applicant”.

He also urged the court to order the payment of N500 million “as exemplary or aggravated damages for the unconstitutional, inexplicable, unjust, uncouth and barbaric contravention of the applicant’s fundamental rights”.

The respondent’s lawyer, C Obasi, told the court that he had filed a counter-affidavit to oppose the suit.

Meanwhile the fourth respondent, according to the applicant’s counsel, did not file any reply.

The judge, Peter Kekemeke, fixed 29 April for judgment.

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