Federal High Court sitting in Lagos has cleared Errol Ambler-Smith, CEO of ATC Nigeria of Court of Contempt of Court Allegations and also lifted Order Barring ATC and Nigeria from Building Base Stations.
It would be recalled that on November 21, 2023, HEDA Resource Centre in Nigeria, without putting the parties on notice and in their absence, obtained an interim order from the Federal High Court in Lagos preventing ATC Nigeria Wireless Infrastructure Limited (ATC Nigeria) and MTN Nigeria Communications Plc (MTN Nigeria) from constructing or operating base transceiver stations “within close proximity” to such stations owned by IHS Towers Nigeria Limited.
Thereafter, HEDA filed a contempt of court case against ATC Nigeria’s CEO, Errol Ambler-Smith, seeking his arrest.
But on March 8, 2024, the Federal High Court vacated its earlier interim order on the basis that HEDA Resource Centre had concealed the critical fact that none of the planned base transceiver stations violated the Nigerian Communications Commission’s (NCC) regulations on distance between tower infrastructure.
Given this ruling, there are no subsisting orders of injunction preventing ATC Nigeria or MTN Nigeria and ATC Nigeria from constructing base transceiver stations for MTN Nigeria.
At the same hearing, the Federal High Court struck out the contempt of court claims against ATC Nigeria’s CEO, Errol Ambler-Smith.
