ATC Masts: Court refuses to dismiss HEDA case against MTN, others

By Vivian Okejeme, Abuja

Justice Yelim Bogoro of a Federal High Court, sitting in Lagos, has ruled that HEDA Resources Centre has locus standi to institute a case against the ATC Nigeria Wireless Infrastructure Limited and MTN Nigeria.

HEDA is prosecuting ACT and MTN 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.

Aside MTN and ACT other Respondent mentioned in the suit No: FHC/L/CS/2359/2023, is Federal Ministry of Environment.

Specifically HEDA, is praying the court to stop MTN Nigeria and ATC Nigeria from citing new base stations where there are already existing base stations nearby, based on health and environmental concerns.

HEDA Resource Centre is a CSO active in the promotion of sustainable development and protection of the environment.

The court in its ruling maintained that the case, being a public interest action, gives the civil society organisation the locus standi to bring the suit before it.

According to Justice Bogoro, HEDA has a valid cause of action and legal basis to bring the action against the MTN, ATC and others.

Also, the court vacated its interim order, made on November 21, 2023, barring MTN Nigeria Communications Plc and ATC Nigeria Wireless Infrastructure Limited from constructing new Base Transceiver Stations across Nigeria.

However, the ruling of the court did not authorize MTN and ATC to continue building the masts which remain subject of litigation.

Meanwhile, 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.