HEDA Files Contempt Charge Against American Tower’s MD

The Incorporated Trustees of HEDA Resource Centre (HEDA) have instituted contempt proceedings against the managing director of ATC Nigeria Wireless Infrastructure Limited, Errol Ambler-Smith, before the Federal High Court in Lagos for allegedly disobeying the order of the court.

HEDA, through a Form 48, dated February 5, 2024, issued a notice of consequences of disobedience of court orders against ATC Nigeria boss.

The notice addressed to Ambler-Smith reads: “Take Notice that unless you obey the directions contained in this order attached, you will be guilty of contempt of court and will be liable to be committed to prison.”

LEADERSHIP recalls that Justice Yelim Bogoro had, on November 21, 2023, issued an ex parte order restraining MTN Nigeria Communications Plc and its associate, ATC Nigeria Wireless Infrastructure Ltd, from overcrowding the environment with base stations.

Justice Bogoro had specifically barred ATC Nigeria, MTN Nigeria and other defendants in the suit by themselves from taking any step towards establishing new masts near existing ones.

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The judge 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 court 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.

The order effectively put on hold the implementation of the relocation of the 2,500 towers project from IHS to ATC, announced by MTN on or around November 10, 2023. The court reaffirmed the order of injunction on December 7, 2023.

The order is to remain in force on MTN and ATC Nigeria, a wholly owned subsidiary of the US-based American Tower, pending the determination of the motion on notice for interlocutory injunction filed by HEDA Resource Centre.

Justice Bogoro has fixed February 14, 2024 for ruling on all the motions pending before her.