Incorporated Trustees of Human Environmental Development Agenda Resource Centre have asked the Federal High Court in Lagos to commit the Managing Director of ATC Nigeria Wireless Infrastructure Limited, Errol Ambler-Smith, to prison for alleged disobedience to a court order.
HEDA, in a Form 48 (Notice of Consequences of Disobedience to Orders of Court) filed before the court, claimed that Ambler-Smith disobeyed an order made on November 21, 2023, by Justice Y. Bogoro of the Federal High Court in Lagos in a lawsuit marked FHC/L/CS/2359/2023.
The said lawsuit filed by HEDA has ATC Nigeria Wireless Infrastructure Limited as the 4th defendant.
The other defendants are the Federal Ministry of Environment and Ecological Management; Minister of Environment and Ecological Management; National Environmental Standards and Regulations Enforcement Agency; and MTN Nigeria Communications Plc.
In an interim order made on November 21, 2023, Justice Bogoro restrained the 4th defendant (ATC Nigeria Wireless Infrastructure Limited) and its agents “from commencing, continuing or completing the construction or installation of any base trans-receiver stations/towers/masts 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 court also restrained the 5th defendant (MTN Nigeria Communications Plc) from “moving, relocating, transferring any of its telecommunications equipment to any BTS site being or that has been constructed or erected by the 4th defendant (ATC Nigeria Wireless Infrastructure Limited), which is in close proximity to the HIS existing BTS, pending the determination of the Motion on Notice for interlocutory injunction.”
But in the Form 48 filed before the court, HEDA alleged that ATC disobeyed the court order and is therefore asking the court to commit him to prison unless he purges himself of the contempt.
However, the matter has been adjourned till February 14, 2024, for a hearing of the application.
