Justice Y. Bogoro of a Federal High Court sitting in Lagos will rule on a motion pending before it in a matter filed by a Nigerian civil society group, HEDA Resource Centre, Nigerian telecommunications giant, MTN Nigeria Communications Plc and its associate, the ATC Nigeria Wireless Infrastructure Ltd, a fully owned subsidiary of the United States based American Tower, asking the court to stop the companies from overcrowding the environment with base stations on February 14.
The court had, in the matter delineated FHC/L/CS/2359/2023, restrained the companies from overcrowding the environment with base stations, pending the determination of the motion on notice for interlocutory injunction on Tuesday, November 21, 2023 and reaffirmed it on Thursday, December 7, 2023 when the case of HEDA vs FMEEM & 4 Ors, came up for hearing.
HEDA Resource Centre, a Nigerian civil society group active in promoting sustainable development and protection of the environment, in what it termed a public interest case, had gone to the court to request for an injunction to stop MTN Nigeria and ATC Nigeria from siting new base stations where there are already existing base stations in close proximity, citing health and environmental concerns.
In the court sitting, the presiding judge upheld the prayers of the plaintiff/applicant, the Incorporated Trustees of the HEDA Resource Centre and ordered the fourth and fifth defendants, ATC Nigeria Wireless Infrastructure Ltd and MTN Nigeria Communications Plc respectively, together with their “servants, agents, privies and/or assigns from commencing, continuing or completing the construction or erection or installation of any base trans-receiver stations/towers/masts (BTS) within close proximity to IHS’ existing BTS or operating any BTS within close proximity to IHS’ existing BTS, pending the determination of the motion on notice for interlocutory injunction.”
The judge also ordered MTN Nigeria Communications Plc whether by its servants, agents, privies and/or assigns from moving, relocating, 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 in close proximity to the IHS’ existing BTS, pending the determination of the motion on notice for interlocutory injunction.”
This effectively puts on hold the implementation of the relocation of 2,500 towers project from IHS to ATC announced by MTN recently until the judge further hears from the parties on the February 14, 2024.
