ATC Masts: Court rejects MTN’s application to dismiss HEDA’s case
By Jude-Ken Ojinnaka
A Federal High Court sitting in Lagos, has upheld that Human and Environmental Development Agenda (HEDA Resource Centre) has the right to institute a case against the ATC Nigeria Wireless Infrastructure Limited and MTN Nigeria over the construction of 2,500 base trans-receiver stations across Nigeria.
It is said to be for MTN’s operations within proximity to the base trans-receiver stations that belong to IHS Towers Nigeria.
Human and Environmental Development Agenda (HEDA Resource Centre) is a non-governmental organisation and non-partisan human rights and development league.
When the matter with suit No: FHC/L/CS/2359/2023, came up for hearing last Friday, the presiding judge, Justice Yellim Bogoro disagreed with MTN Nigeria’s position which contended HEDA Resources Centre’s locus in instituting the case.
The judge ruled that the matter, being a public interest action, gives the civil society organisation the locus standi to bring the suit.
The refusal of the court 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 therefore, has the legal basis to bring the action against the Federal Ministry of Environment, MTN, ATC and others.
Consequently, the court adjourned till April 22 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.
In light of the rejection of MTN’s application to dismiss the suit, it will be surprising if ATC’s application succeeds.
