Court Describes Suit To Stop MTN’s Network Expansion As Speculative And Lacks Merit

Posted on June 22, 2024

Justice Yellin Bogoro of the Federal High Court, sitting in Lagos, has struck out a suit seeking to stop MTN Nigeria Communications Plc and ATC Nigeria Wireless Infrastructure Limited from constructing new Base Transceiver Stations (BTS) across Nigeria.

According to our correspondent, the Incorporated Trustees of HEDA Resource Centre had commenced an action against the Federal Ministry of Environment and Ecological Management, MTN, ATC and others, in Suit No: FHC/L/CS/2359/2023 at the Federal High Court, Lagos claiming that ATC had proposed to build 2,500 Base Transceiver Stations for MTN’s operations which it claimed were within ‘close proximity’ to Base Transceiver Stations belonging to IHS Towers Nigeria Limited.

At the proceedings of 21 June, the Court, in ruling on the preliminary objection filed by ATC through its lawyer, Professor Taiwo Osipitan, SAN, held that the Plaintiff’s suit failed to disclose a reasonable cause of action and was speculative in nature.

The Court also held that the HEDA Resources failed to show that there was any concrete plan by ATC and MTN to build BTS within ‘close proximity’ of IHS Nigeria Limited’s BTS.

Accordingly, HEDA Resources’ suit was struck out.

It was also gathered that HEDA Resource had earlier obtained an interim order from the Court to stop ATC and MTN from constructing any Base Transceiver Stations across Nigeria.

On 8 March, the Court had set aside the Interim Injunction based on the argument of MTN’s lawyer, Professor Fabian Ajogwu, SAN, that it that the Interim Injunction was obtained by concealment of key facts.

The prevalent view amongst analysts and experts in the telecommunications industry is that the judgment of the Federal High Court was a step forward for the Telecommunication Industry and important for continuous network expansion.

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest News

BY OLADAPO SOFOWORA  Oluwaseyi Afolabi Tinubu, often referred to as ST or the King... Continue
OKOI OBONO-OBLA  These pictures show the boundary between Ebonyi and Cross River States, with... Continue
It is understandable that the APC candidates long lost steam in the match towards... Continue
The Police Force has provided an update on the armed robbery incident that occurred... Continue
DONALD IFENNA  ‎ ‎Lest Governor Chukwuma Soludo be adjudged impudent or accused of outright... Continue
The National Chairman of the Pan Niger Delta Forum, PANDEF, Amb. Godknows Boladei Igali,... Continue
The Anambra State Police Command has received a fresh deployment of over seventy newly... Continue
President Bola Tinubu will depart Abuja today, 12th October, for Rome, the capital of... Continue
The Renewed Hope Initiative (RHI) of the Nigeria’s First Lady, Senator Oluremi Tinubu in... Continue
Thousands of residents on Friday thronged the streets of Modakeke, Osun State, as the... Continue

UBA


Access Bank

Twitter

Sponsored