Kelvin Bowoto
Justice Yelim Bogoro of the Federal High Court in Lagos dismissed an application filed by MTN Nigeria Communications Plc challenging HEDA Resources Centre’s locus standi (legal rights) to sue it and ATC Nigeria Wireless Infrastructure Limited over base station overcrowding allegations.
While ruling on a preliminary objection submitted by the telecoms company, Justice Bogoro determined that HEDA Resources Centre, as a civil society organization, has the locus standi to bring public interest litigation.
As a result, the court dismissed the arguments as being without merit. HEDA Resource Centre, a CSO dedicated to the promotion of sustainable development and environmental protection, filed a public interest case in court against the Federal Ministry of Environment, MTN, and ATC Nigeria, seeking an order prohibiting MTN and ATC from citing new base stations where existing base stations are already nearby, citing health and environmental concerns.
Justice Bogoro also postponed the hearing of a similar preliminary application filed by ATC, contesting the court’s jurisdiction to hear the HEDA complaint on the grounds that it is incompetent, until April 22.
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On November 21, 2023, Justice Bogoro issued an ex parte decision prohibiting MTN Nigeria and its affiliate, ATC Nigeria, from overwhelming the environment with base stations.
The judgment clearly prohibited ATC Nigeria, MTN Nigeria, and the other defendants in the litigation from taking any steps to install new masts near existing ones.
The judge prohibited the third and fourth defendants, as well as their spouses and children, “servants, agents, privies, and assigns from commencing, continuing, or completing the construction, erection, or installation of any base trans-receiver stations, towers, or 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 prohibited the fifth defendant (MTN Nigeria), whether through its servants, agents, privies, or assigns, from moving, relocating, or transferring any of its telecommunication equipment to any BTS site being or having been constructed, erected, or built by the fourth defendant (ATC Nigeria Wireless Infrastructure Ltd.) near the IHS’ existing BTS, pending the outcome of the motion on notice for interlocutory injunction.
The order temporarily halted the implementation of MTN’s 2,500 tower relocation project from IHS to ATC, which was announced on or around November 10, 2023.
Techrectory with Agency Report.
