Court Stops ATC From Building Masts For MTN

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Justice Peter Lifu of a Federal High Court in Abuja has granted an ex-parte motion seeking to restrain ATC Nigeria Infrastructure Ltd and its business partner, MTN Nigeria Communications Plc, from commencing and continuing or completing the construction or erection or installation of ant Base Transceiver Stations/Towers/Mast (BTS) within close proximity to existing BTS or operating any BTS within close proximity to existing BTS respectively pending the determination of a motion on notice for interlocutory injunction.

The ex-parte motion was filed by the Incorporated Trustees of Foundation for Environmental Right, Advocacy and Development (FENRAD).

A suit marked FHC/ABJ/CS/633/2024 has equally been filed by the Incorporated Trustees of FENRAD against the Federal Ministry of Environment and Ecological Management (1st respondent), Minister of Environment and Ecological Management (2nd respondent), ATC Nigeria Infrastructure Ltd (3rd respondent), and MTN Nigeria Communications Plc (4th respondent) on the contentious issue.

In his ruling on the ex-parte motion, the judge said; “the third respondent (ATC) is hereby restrained whether by its servants, agents, privies and or assigns from commencing, continuing or completing the construction or erection or installation of ant Base Transceiver Stations/Towers/Mast (BTS) within close proximity to existing BTS or operating any BTS within close proximity to existing BTS pending the determination of the motion on notice for interlocutory injunction.

“The fourth respondent is restrained whether by itself, servants, agents, privies and or assigns from moving, relocating, transferring any of its telecommunications equipment to any BTS site being, or that has been constructed, erected or built by the third respondent which is in close proximity to the existing BTS, pending the determination of the Motion on Notice for interlocutory injunction”.

With this order, a duty is imposed on all respondents to obey the court as failure to do so will amounts to contempt of court.

It would be recalled that this is the second time the duo of ATC and MTN have been dragged to court in respect of the proposed building of 2,500 masts for MTN Nigeria by ATC Nigeria.

Last year, the Incorporated Trustees of HEDA Resource Center had also obtained a similar ex parte court injunction from a Federal High Court in Lagos, stopping the duo from going ahead with the construction of the BTS, citing health and environmental concerns.