Incorporated Trustees of HEDA Resource Centre has appealed the judgment of the Federal High Court in Lagos which struck out its suit seeking to stop the construction of new base stations.
A base station is a piece of equipment that facilitates wireless communication between devices and a network
Recall that Federal High Court in Lagos on June 21 struck out Heda’s application seeking to bar the Federal Ministry of Environment, ATC Nigeria Wireless Infrastructure Limited and MTN Communications Plc from going ahead with the planned construction of new base stations near existing sites operated by other infrastructure operators.
HEDA Resource Centre, in a statement by Olanrewaju Suraju, executive director, said the verdict was very odd and inconsistent with the court’s earlier position that the plaintiff had a cause of action in the preliminary objection brought by MTN on the same facts.
It believes that reaching conflicting conclusions on two similar applications makes an appeal against the decision of Justice Yelim Bogoro necessary.
“We see this decision of the Federal High Court as very odd and inconsistent with the law.
“Reason is the fact that the same trial judge had admitted that there was a cause of action on the earlier application on the same set of facts brought by the fifth respondent, MTN.
“The court, in another application by the fourth respondent (ATC), which came much later, also affirmed the fact that HEDA Resource Centre had a cause of action.
“It is strange to us that His Lordship suddenly shifted his earlier position by saying there was no cause of action when nothing material has changed.”
According to HEDA, the judgment was suggestive that a cause of action would arise if permits are issued to the defendants (ATC and MTN) or they take steps toward building new base station sites.
It said the ruling was also supportive of the Federal Ministry of Environment’s position that its action should not be the basis of the suit.
HEDA maintained that the ministry’s role as a critical agency responsible for ensuring a safe, livable environment could not be downplayed.
The group added: “It is interesting to read narratives in the media that we are acting as a proxy for IHS.
“We are an independent body and anyone can check our history of advocacy, including our history with MTN Nigeria dating back many years.”
Justice Bogoro in March dismissed two applications by ATC and MTN challenging the competence of the suit filed by HEDA Resource Centre.
He affirmed the organisation’s locus to file the case.
