Court Stops MTN, American Tower From Constructing Base Stations

Justice Yelim Bogoro of the Federal High Court in Lagos has restrained MTN Nigeria Communications Plc and its associate, ATC Nigeria Wireless Infrastructure Ltd, from overcrowding the environment with base stations.
The order is to remain in force on MTN and ATC Nigeria, a fully owned subsidiary of the US-based American Tower, pending the determination of the motion on notice for interlocutory injunction filed by a civil society organisation, HEDA Resource Centre.

HEDA Resource Centre, a CSO active in the promotion of sustainable development and protection of the environment, in the public interest case, had asked the court for an injunction stopping MTN Nigeria and ATC Nigeria from citing new base stations where there are already existing base stations nearby based on health and environmental concerns.

Justice Bogoro initially issued the order on November 21, 2023, and reaffirmed it on December 7, 2023, when the case of HEDA and FMEEM & 4 Ors, with suit number FHC/L/CS/2359/2023, came up for hearing.

During the proceeding, the judge upheld the prayers of the applicant and also ordered the fourth and fifth defendants, together with their “servants, agents, privies and assigns from commencing, continuing or completing the construction or erection or installation of any base trans-receiver stations/towers/masts (BTS) within proximity to IHS’ existing BTS or operating any BTS within proximity to IHS’ existing BTS pending the determination of the motion on notice for interlocutory injunction.

The judge also ordered the fifth Defendant (MTN Nigeria), whether by its servants, agents, privies and assigns, from moving, relocating, or transferring any of its telecommunication equipment to any BTS site being or has been constructed, erected or built by the fourth Defendant (ATC Nigeria Wireless Infrastructure Ltd), which is near the IHS’ existing BTS pending the determination of the motion on notice for interlocutory injunction.

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These orders effectively put on hold the implementation of the relocation of the 2,500 towers project from IHS to ATC, announced by MTN recently.

Earlier during the proceedings, the counsel to MTN Nigeria, Prof Fabian Ajogwu (SAN), moved his motion to set aside the ex parte order and filed a further Affidavit and reply to HEDA’s Counter-Affidavit.

Also, the counsel to ATC Nigeria Wireless Infrastructure Limited, Nicholas Okafor, sought to move his preliminary objection, which he had filed the previous day, but the court did not hear it as there was no proof that the motion was served on the applicant or any other party in the suit.

Kunle Adegoke (SAN), representing HEDA, urged the court to direct all parties to the dispute to maintain the status quo ante pending the rulings of the court, and the court directed counsels to all the other parties to prevail on their clients on the need to maintain status quo.

Responding, Prof Ajogwu argued that he is law-abiding, but HEDA’s counsel maintained that the concern is not with lawyers but their clients, whom the applicant suspects are proceeding with work despite the injunctive order.

Justice Bogoro has adjourned further hearing to February 14, 2024.