15th March, 2024
MTN Nigeria Communications and ATC Nigeria Wireless Infrastructure can now build more base transceiver stations following a ruling by a Federal High Court in Lagos.
The court presided over by
Justice Yellim Bogoro vacated its earlier order it granted in favour of the Incorporated Trustees of HEDA Resource Centre on November 21.
HEDA had in a suit FHC/L/CS/2359/2023, listed Federal Ministry of Environment and Ecological Management, MTN, ATC and others as defendants. In the suit, HEDA had asked the court to stop MTN and ATC from building proposed 2,500 base stations as they were close to IHS Towers Nigeria.
It succeeded in obtaining an interim order barring the defendants from proceeding with the stations.
But MTN, through its lawyers, Kenna Partners, led by Prof. Fabian Ajogwu (SAN), applied to set aside the order.
According to Ajogwu, the order ought not to have been granted as there was no imminent wrong given by HEDA.
He argued hat HEDA did not show facts which would have aided the court in coming to a different decision.
ATC through its lawyer, Nicholas Okafor, also made similar arguments.
The judge agreed with the defendants, vacated the order and adjourned till April 22.