By Innocent Anaba

A Federal High Court, sitting in Lagos, has restrained a telecom firm and its associate, ATC Nigeria Wireless Infrastructure Limited, a fully owned subsidiary of the US-based American Tower, from overcrowding the environment with base stations, pending the determination of the motion on notice for interlocutory injunction.

Trial judge, Justice Y. Bogoro, issued the order on November 21, 2023, and reaffirmed it on December 7, 2023, when the case of Incorporated Trustees of the HEDA Resource Centre, against FMEEM and four others in suit FHC/L/CS/2359/2023, came up.

HEDA, a Nigerian civil society group active in promoting sustainable development and protection of the environment, in a public interest case, had prayed the court, to stop the firm and ATC Nigeria from sitting new base stations where there are already existing base stations in close proximity, citing health and environmental concerns.

At the hearing in the matter, the judge upheld the prayers of the plaintiff/applicant, HEDA Resource Centre and ordered the 4th and 5th defendants, ATC Nigeria and the Telco respectively, together with their “servants, agents, privies and/or assigns from commencing, continuing or completing the construction or erection or installation of any base trans-receiver stations/towers/masts (BTS) within close proximity to IHS’ existing BTS or operating any BTS within close proximity to IHS’ existing BTS pending the determination of the motion on notice for interlocutory injunction.”

The judge also ordered the “5th defendant, (the telco) whether by its servants, agents, privies and/or assigns from moving, relocating, transferring any of its telecommunication equipment to any BTS site being or has been constructed, erected or built by the 4th defendant (ATC), which is in close proximity to the IHS’ existing BTS pending the determination of the motion on notice for interlocutory injunction.”

This effectively puts on hold the implementation of the relocation of 2,500 towers project from IHS to ATC announced by the telco recently until the judge further hears from the parties on February 14, 2024.

During the proceedings, the counsel to the telco Nigeria, Prof. Fabian Ajogwu, SAN, moved his motion to set aside the ex parte order and filed a further affidavit and Rrply to HEDA’s counter-affidavit.

Also, the counsel to ATC Nigeria, Nicholas Okafor sought to move his preliminary objection, which he filed the previous day but the court did not hear it as there was no proof that the said motion was served on the plaintiff/applicant or any other party in the suit.

Mr Kunle Adegoke, SAN, representing HEDA urged the court to direct parties to the dispute to maintain status quo ante pending the rulings of the court.

The  judge granted the prayer and directed counsel to all the other parties to prevail on their clients on the need to maintain status quo.