MTN Group Limited
Court lifts order stopping MTN from constructing base stations
The Federal High Court in Lagos has reversed its order prohibiting MTN Nigeria Communications and ATC Nigeria Wireless Infrastructure from constructing base transceiver stations.
Justice Yellim Bogoro overturned the court’s November 21 order in favor of the Incorporated Trustees of HEDA Resource Center.
In their lawsuit FHC/L/CS/2359/2023, HEDA named the Federal Ministry of Environment and Ecological Management, MTN, ATC, and others as defendants.
The plaintiff filed an ex-parte application alleging that ATC wanted to build 2,500 base stations, but the stations were in proximity to those belonging to IHS Towers Nigeria.
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It obtained an interim order barring the defendants from proceeding with the stations.
MTN, through its lawyers, Kenna Partners, led by Prof. Fabian Ajogwu (SAN), applied to set aside the order.
Ajogwu argued the order ought not to have been granted as there was no imminent wrong given by HEDA.
He contended that HEDA concealed facts which would have aided the court in coming to a different decision.
ATC through its lawyer, Nicholas Okafor, argued the order was baseless in law and made without jurisdiction.
The court, in a March 8 ruling, upheld MTN’s argument.
It agreed none of MTN’s base transceiver stations violated Nigeria Communications Commission’s regulations on spacing between towers.
Justice Bogoro adjourned till April 22.
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