12th March, 2024
By Akin Kuponiyi
A Federal High Court, sitting in Lagos, has ruled that HEDA Resources Centre has right to institute a case against ATC Nigeria Wireless Infrastructure Limited and MTN Nigeria.
The court said HEDA has the right to institute a case against the duo 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.
When the suit, marked FHC/L/CS/2359/2023, came up for hearing, the presiding Judge, Yellin Bogoro disagreed with MTN Nigeria’s position which queried HEDA Resources Centre’s legal right in instituting the case and ruled that the matter, being a public interest action, gives the Civil Society Organisation (CSO) the legal right to institute the legal action.
The refusal of the court to grant MTN’s application to dismiss the suit shows that HEDA has a valid cause of action and that it has the legal basis to bring the legal action against the Federal Ministry of Environment, MTN, ATC and others.
HEDA Resource Centre, a CSO active in the promotion of sustainable development and protection of the environment, instituted the suit in the public interest.
It is seeking the order of the court to stop MTN Nigeria and ATC Nigeria from siting new base stations where there are already existing base stations nearby, based on health and environmental concerns.
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 22 April, 2024.