A non-governmental Organisation, the Incorporated Trustees of HEDA Resource Centre (HEDA) has commenced contempt proceedings against the Managing Director of ATC Nigeria, Errol Ambler-Smith over alleged disobedience to court order.
The contempt proceeding is contained in Form 48 it filed at the registry of the Federal High Court, Lagos, issuing a notice of consequences of disobedience of court orders against the Managing Director of ATC Nigeria.
HEDA had in a suit marked FHC/L/CS/2359/2023 sued the Federal Ministry of Environment, ATC Nigeria Wireless Infrastructure Ltd (ATC Nigeria) and MTN Nigeria Communications Plc (MTN Nigeria) to stop MTN and ATC from siting new base stations where there are already existing ones in close proximity, owing to health and environmental concerns.
Justice Yellim Bogoro, on November 21, 2023, issued an ex parte order of injunction against ATC Nigeria, MTN Nigeria and other defendants to restrain themselves from taking any step towards establishing new masts in close proximity to existing ones.
The court upheld the prayers of the Plaintiff and ordered the fourth and fifth defendants, ATC Nigeria Wireless Infrastructure Ltd and MTN Nigeria Communications Plc respectively, together with their “servants, agents, privies and/or assigns from commencing, continuing or completing the construction or installation of any base trans-receiver stations/towers/masts (BTS) within close proximity to IHS’ existing BTS or operating any BTS within close proximity to IHS’ existing BTS pending the determination of the motion on notice.”
The order effectively put on hold the implementation of the 2,500 towers project from IHS to ATC announced by MTN on or around November 10, 2023. The order of injunction was reaffirmed by the court on December 7, 2023.
Claiming that the defendants violated the stay order, the Plaintiff now filed the contempt proceeding to warn that the defendant would be committed to jail for violating court order. The matter is coming up tomorrow, February 14, 2024, for hearing of the application.
