Court lifts order barring MTN from building base stations
Federal High Court in Lagos has vacated its order restraining MTN Nigeria Communications and ATC Nigeria Wireless Infrastructure from building base transceiver stations.
Justice Yellim Bogoro set aside the order which the court granted for Incorporated Trustees of HEDA Resource Centre on November 21.
HEDA, in suit FHC/L/CS/2359/2023, listed Federal Ministry of Environment and Ecological Management, MTN, ATC and others as defendants.
The plaintiff filed an ex-parte application averring ATC proposed to build 2,500 base stations but that the stations were in proximity to those belonging to IHS Towers Nigeria.
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.
