The company explained thus:

“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.

“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 infrastructures”.

ATC Nigeria said that 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”.

ATC Nigeria owns, operates, and develops wireless communications sites outdoors, indoors, and in urban and rural locations across Nigeria.

Established in 2015, with a current portfolio of over 8,000 tower sites and investments of over USD 2.1 billion to date, the company’s innovative solutions are the connectivity backbone for 5G, Internet of Things (IoT), and a limitless mobile future.

ATC Nigeria is a subsidiary of America Tower Corporation (ATC), a NYSE listed company headquartered in Boston, Massachusetts. ATC is a global leader of wireless communications infrastructure with a presence in twenty-five (25) countries on six continents and with over 6,400 employees worldwide.

The order was made in Suit No: FHC/L/CS/2359/2023 – between HEDA Resource Center, Federal Ministry of Environment and Ecological Management, MTN, ATC and others, a suit which was commenced by the Incorporated Trustees of HEDA Resource Center against the Federal Ministry of Environment and Ecological Management, MTN Nigeria Communications Plc, ATC Nigeria Wireless Infrastructure Limited and others.

HEDA Resource Center stated that ATC proposed to build 2,500 Base Transceiver Stations for MTN’s operations which it claimed were within proximity to Base Transceiver Stations belonging to IHS Towers Nigeria Limited.

Without notice to the other parties to the matter, HEDA Resource Center obtained an interim order from the Federal High Court, Lagos, on account that it was imperative for the Court to stop MTN and ATC from constructing any Base Transceiver Stations across Nigeria.

MTN had through its lawyers, Kenna Partners, led by  Professor Fabian Ajogwu, SAN,  applied to set aside the interim order, arguing that the order ought not to have been granted as there was no real urgency or imminent wrong disclosed by HEDA Resource Center.

MTN contended that HEDA Resource Center, in obtaining the interim order, concealed key facts which would have aided the Court in coming to a different decision on the issue.  Similarly, ATC through its lawyer, Nicholas Okafor, argued that the interim order obtained against ATC was baseless in law and was made in the absence of jurisdiction.

The Court in its Ruling, agreed with MTN that the interim order made in favour of HEDA Resource Center ought not to have been granted, given that there was no genuine urgency disclosed by HEDA Resource Center, such as to warrant the making of the order in the first place.

The Court also agreed with MTN that HEDA Resource Center concealed the important fact that none of MTN’s Base Transceiver Stations were in violation of Nigerian Communications Commission (NCC’s) Regulations on spacing that should exist between towers.

The Court adjourned the matter to April 22, 2024.