Group gets order restraining ATC from building masts close to existing BTS 

Justice P. O. Lifu (JP), of 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 and continuing or completing the construction or erection or installation of Base Transceiver Stations towers or masts (BTS) within close proximity to existing BTS or operating any BTS within close proximity to existing BTS respectively pending the determination of the Motion on Notice for interlocutory injunction.

Justice Lifu made the order in a suit delineated FHC/ABJ/CS/633/2024 filed by the Incorporated Trustees of Foundation for Environmental Right, Advocacy and Development (FENRAD) against the Federal Ministry of Environment and Ecological Management (First Respondent), The Honourable Minister of Environment and Ecological Management (Second Respondent), ATC Nigeria Infrastructure Ltd (Third Respondent), and MTN Nigeria Communications Plc (Fourth Respondent).

When the case was called, the judge granted the application of FENRAD and “ordered that the third respondent 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.”

Justice Lifu also ordered “that 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.”

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

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