Environmental Protection: HEDA secures restraining order against MTN, ATC

By Akin Kuponiyi

The Human and Environmental Development Agenda Resource Centre has secured an order of interim injunction at the Federal High Court in Lagos, restraining the ATC Nigeria Wireless Infrastructure Limited, and MTN Nigeria Communications from commencing, continuing or completing the erection or installation of any Base Transceiver Stations/Towers/Masts (BTS)  close to anyone belonging to IHS Towers.

The presiding judge,  Justice Yellim Bogoro  granted the order in the suit, filed by  the Incorporated Trustees of HEDA Resource Centre against the Federal Ministry of Environment and Ecological Management, Minister of Environment and Ecological Management, National Environmental Standards and Regulations Enforcement Agency, ATC Nigeria Wireless Infrastructure Limited and MTN Nigeria Communications Plc,  respectively.

Justice Bogoro also restrained the MTN Nigeria Communications Plc) whether by its servants, agents, privies and/or assignees from moving, relocating, transferring any of its telecommunications equipment to any BTS site being or that has been constructed, erected or built by ATC which is in close proximity to the IHS’ existing BTS, pending the determination of the Motion on Notice for interlocutory injunction.    At the resumed hearing of the matter on Thursday, Mr Adegoke, SAN led the team for the plaintiff, while Mr. Nicholas Okafor appeared for ATC while Prof Fabian Ajogwu SAN led the team for MTN.

The court adjourned the matter to the 14th day of February 2024.