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A Federal High Court, sitting in Lagos, has ruled that HEDA Resources Centre could institute case against the ATC Nigeria Wireless Infrastructure Limited and MTN Nigeria over the construction of 2,500 base transceiver stations across Nigeria for MTN’s operations within proximity to the base trans-receiver stations that belong to IHS Towers Nigeria.
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When the matter came up for hearing on March 11, 2024, Justice Yelim Bogoro disagreed with MTN Nigeria’s position, which queried HEDA Resources Centre’s locus in instituting the case and ruled that the matter, being a public interest action, gives the civil society organisation the locus standi to bring the suit.
The court vacated its interim order made on November 21, 2023 barring MTN Nigeria Communications Plc and ATC Nigeria Wireless Infrastructure Limited from constructing new base transceiver stations across Nigeria. The ruling, however, did not authorise MTN and ATC to continue building the masts, which remain subject of litigation. HEDA’s application for an interlocutory injunction is also pending.
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The refusal to grant MTN’s application to dismiss the suit is a tacit agreement by the court that HEDA has a valid cause of action and that it has the legal basis to bring the action against the Federal Ministry of Environment, MTN, ATC and others.
The court adjourned the hearing of ATC’s preliminary objection challenging the competence of HEDA’s suit, as well as the hearing of HEDA’s application for interlocutory injunction, to April 22, 2024.
In light of the rejection of MTN’s application to dismiss the suit, it will be surprising if ATC’s application succeeds.
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