A Federal High Court sitting in Lagos has restrained MTN Nigeria Communications Plc and its associate, the ATC Nigeria Wireless Infrastructure Ltd., from overcrowding the environment with base stations pending the determination of the motion on notice for an interlocutory injunction.
HEDA Resource Centre, a Nigerian civil society group focused on sustainable development and environmental protection, instituted the court order to temporarily halt MTN Nigeria Communications Plc and ATC Nigeria Wireless Infrastructure Ltd. from constructing new base stations in areas with existing ones. Justice Yellim Bogoro initially issued the order on Tuesday, November 21, 2023, and reaffirmed it on Thursday, December 7, 2023, during the hearing of the case (HEDA vs FMEEM & 4 Ors, suit number FHC/L/CS/2359/2023).
HEDA Resource Centre sought the injunction, citing concerns related to health and the environment, specifically opposing the construction of new base stations in close proximity to existing ones.
The court, in its ruling, upheld the prayers of the plaintiff/applicant, the Incorporated Trustees of the HEDA Resource Centre. The order directs ATC Nigeria Wireless Infrastructure Ltd. and MTN Nigeria Communications Plc, along with their associates, from commencing, continuing, or completing the construction, erection, or installation of any base trans-receiver stations/towers/masts near existing IHS’ base trans-receiver stations. Additionally, it prohibits the operation of any base trans-receiver stations within close proximity to IHS’ existing stations until the determination of the motion on notice for an interlocutory injunction.
The judge further instructed MTN Nigeria Communications Plc to refrain from moving, relocating, or transferring any of its telecommunication equipment to any base trans-receiver station site constructed by ATC Nigeria Wireless Infrastructure Ltd. in close proximity to IHS’ existing stations until the court rules on the interlocutory injunction.
This legal development potentially impacts the implementation of MTN’s recent announcement about relocating 2,500 towers from IHS to ATC.
However, the real repercussions is its impact on broadband penetration in the country. With halted base station build, telecom companies may face challenges in expanding their network coverage, leading to degraded service quality and slower data speeds in areas with existing network congestion. Rural and underserved regions, already grappling with limited access to reliable network services, may experience setbacks in broadband penetration efforts, exacerbating the digital divide. Additionally, disruptions in planned projects and delays in infrastructure improvement could impact the economic contributions of the telecom sector. While collaborative efforts between the telecom industry and regulatory bodies focuses on balancing environmental and health concerns, we should not sacrifice the imperative for sustained infrastructure development.
