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Your email address will not be published.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

PROSPER OKOYE  The National Democratic Coalition, NDC, on Tuesday urged the Independent National Electoral... Continue
The Federal Government’s recent appeal to communities in Ogun and Ondo states to fully... Continue
CYRIACUS IZUEKWE A 43-year-old security guard, Alfred Omogege, has been arraigned before a Lagos... Continue
  Big technology companies have come under the radar of the Federal Competition and... Continue
Big technology companies and Generative Artificial Intelligence, AI, platforms operating in Nigeria are now... Continue
JOHNSON EGBEMUDIA DUDU, PhD I have written extensively about Professor Emeritus Andrew Godwin Onokerhoraye,... Continue
The Nigerian Institute of Hospitality and Tourism (NIHOTOUR) has officially launched its “Welcome Home”... Continue
The Economic and Financial Crimes Commission has secured another major victory in its anti-corruption... Continue
Nigeria’s Ambassador and Permanent Representative to the Republic of Austria and the International Organisations... Continue
BY TONY O. ELUMELU Why create an institution? To ensure that an institution can... Continue

UBA


Access Bank

Twitter

Sponsored