Court clears MTN to build base stations after restraining order vacated
By Jeph Ajobaju, Chief Copy Editor
MTN has got clearance to build base transceiver stations in Nigeria with the Lagos Federal High Court vacating its order restraining the network carrier and ATC Nigeria Wireless Infrastructure from embarking on the project.
Judge Yellim Bogoro set aside the order which the court granted Incorporated Trustees of HEDA Resource Centre on 21 November 2023.
HEDA in the lawsuit listed Federal Ministry of Environment and Ecological Management, MTN, ATC and others as defendants.
The plaintiff filed an ex-parte application averring ATC proposed to build 2,500 base stations that were in proximity to those belonging to IHS Towers Nigeria.
It obtained an interim order barring the defendants from proceeding with the construction.
MTN, through its lawyers, Kenna Partners, led by Fabian Ajogwu, SAN applied to set aside the order, arguing it ought not to have been granted as there was no imminent wrong given by HEDA.
He said HEDA concealed facts which would have aided the court in coming to a different decision.
ATC through its lawyer, Nicholas Okafor, argued the order was baseless in law and made without jurisdiction.
The court upheld the argument of MTN.
It agreed none of MTN’s base transceiver stations violated regulations on spacing between towers as determined by the Nigerian Communications Commission (NCC).
Bogoro adjourned the case until April 22.
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