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.
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.
