Court Vacates Order Barring MTN, ATC from Constructing Base Stations

Wale Igbintade

Justice Yellim Bogoro of the Federal High Court in Lagos has vacated an interim order barring MTN Nigeria Communications Plc and ATC Nigeria Wireless Infrastructure Limited from constructing new Base Transceiver Stations across Nigeria.

Justice Bogoro’s order was made in suit number FHC/L/CS/2359/2023, filed by the Incorporated Trustees of HEDA Resource Centre, against the Minister of Environment and Ecological Management, National Environmental Standards and Regulations Enforcement Agency, the Federal Ministry of Environment and Ecological Management, ATC Nigeria Wireless Infrastructure Limited and MTN Nigeria Communications Plc.

HEDA Resource Centre had filed the suit, claiming that MTN and ATC had an agreement to build 2,500 Base Transceiver Stations for MTN’s operations.
It claimed that the said Base Transceiver Stations were in close proximity to other Base Transceiver Stations belonging to IHS Towers Limited.

On November 21, 2023, HEDA Resource Centre proceeded to obtain an interim order from the Federal High Court in Lagos, against ATC and MTN, on the grounds that it was crucial for the court to stop MTN and ATC from constructing any Base Transceiver Stations across Nigeria.

Through its lawyers, Kenna Partners, led by Professor Fabian Ajogwu SAN,  MTN filed court papers to set aside the interim order of the Federal High Court, arguing that the said order ought not to have been granted as there was no real urgency disclosed by HEDA Resource Center.
MTN also argued that it had not committed any imminent legal wrong.

MTN further argued that HEDA Resource Centre, in obtaining the interim order, concealed key facts which would have aided the Court in coming to a different decision on the issue.  
Likewise, ATC through its Counsel, Nicholas Okafor argued that the interim order obtained against ATC had no basis and was made in the absence of jurisdiction.  
In her ruling, Justice Bogoro upheld MTN and ATC’s position that the interim order made in favour of HEDA Resource Centre ought not to have been granted, given that there was no genuine urgency disclosed by HEDA Resource Centre, warranting the grant of the interim order in the first place.
The Court also agreed with MTN that the HEDA Resource Center concealed the important fact that none of MTN’s Base Transceiver Stations were in violation of Nigeria Communication Commission’s Regulations on spacing that should exist between towers.

The case has been adjourned to April 22, 2024.
Many industry experts view this decision of the Federal High Court to be important for MTN’s network expansion objectives.