Court dismisses lawsuit against ATC Nigeria and MTN Nigeria

Telecommunications tower. Photo: Supplied

Telecommunications tower. Photo: Supplied

Published Jun 25, 2024


The Federal High Court in Lagos, Nigeria, has struck out HEDA Resource Centre’s lawsuit against ATC Nigeria Wireless Infrastructure (ATC Nigeria), a subsidiary of American Tower Corporation and MTN Nigeria Communications Plc (MTN Nigeria).

On November 21, 2023, HEDA filed a lawsuit seeking to prevent ATC Nigeria and MTN Nigeria from constructing or operating base transceiver stations “within close proximity” to stations owned by IHS Towers Nigeria.

Additionally, HEDA also filed a contempt of court case against ATC Nigeria’s CEO, Errol Ambler-Smith, seeking his arrest, which HEDA later withdrew.

ATC Nigeria said in a statement yesterday: “We are pleased to announce that, on Friday, June 21, 2024, the court struck out HEDA’s suit against ATC Nigeria and MTN Nigeria on the grounds that it was speculative and failed to disclose any reasonable cause of action.”

It said American Tower had always been and remains committed to upholding the highest standards of legal compliance and operational integrity in all its activities.

“We are pleased that the court recognised the speculative nature of HEDA’s lawsuit, and we are hopeful that this outcome will send a message to other similar potential speculative lawsuits. We appreciate the support and understanding of all our stakeholders as we continue to invest in, and provide critical infrastructure for, Nigeria’s telecommunications industry,” it said.