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

A Federal High Court, sitting in Lagos, has ruled that HEDA Resources Centre has a right to institute the case against ATC Nigeria Wireless Infrastructure Limited and MTN Nigeria 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.

When the matter in suit No: FHC/L/CS/2359/2023, came up for hearing on March 8, 2024, Justice Bogoro disagreed with MTN Nigeria’s position, which queried HEDA Resources Centre’s locus in instituting the case.

The court ruled that the matter, being a public interest action, gives the civil society organisation the locus standi to bring the suit.

The refusal to grant MTN’s application to dismiss the suit is a tacit agreement by the court that HEDA has a valid cause of action and that it has the legal basis to bring the action against the Federal Ministry of Environment, MTN, ATC and others.

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 April 22, 2024.

In light of the rejection of MTN’s application to dismiss the suit, it will be surprising if ATC’s application succeeds.

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