A Federal High Court, sitting in Abuja, has granted an ex-parte order restraining ATC Nigeria Infrastructure Ltd and its business partner, MTN Nigeria Communications Plc, from commencing, continuing or completing the construction of any Base Transceiver Stations/Towers/Mast (BTS) within close proximity to existing base stations pending the determination of the motion on notice for interlocutory injunction.
Justice P. Lifu, trial judge made the order on May 29, 2024, in the suit, No. FHC/ABJ/CS/633/2024, filed by the Incorporated Trustees of against the Federal Ministry of Environment and Ecological Management, Minister of Environment and Ecological Management, ATC Nigeria Infrastructure Ltd, and MTN Nigeria Communications Plc.
With the order, a duty is imposed on all respondents to obey the order of court as failure to obey the order amounts to contempt of court.
When the case came on that day, the trial judge granted the application of FENRAD and “ordered that ATC Nigeria Infrastructure Ltd 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.”
Continuing, Justice Lifu ordered “that the Fourth Respondent (MTN Nigeria Communications Plc) 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.”
It should be noted that this is the second time the duo of ATC Nigeria and MTN Nigeria have been dragged to court in respect of the proposed building of 2,500 masts for MTN Nigeria by ATC Nigeria.
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Last year, Incorporated Trustees of HEDA Resource Center had also obtained a similar ex parte court injunction a Federal High Court sitting in Lagos, stopping the duo from going ahead with the construction of the BTS, citing health and environmental concerns.
While the HEDA injunction subsisted, there were doubts that ATC Nigeria and its business partner, MTN Nigeria, complied with the provisions of the ex parte order.
There are, therefore, concerns if the duo would obey the injunction, issued this time, by a Federal High Court in Abuja.
It is surprising that an entity whose parent company is a listed entity in the US would behave in a manner in Nigeria that its parent company would not contemplate doing in its country.
It is expected that ATC, would maintain a corporately responsible behaviour with respect to court injunctions, proceedings and environmental concerns.
Such behaviour is yet to be seen in its operations in Nigerian market.
