The Foundation for Environmental Rights, Advocacy and Development (FENRAD) has initiated legal action against MTN Communications PLC, ATC Nigeria Wireless Infrastructure Limited, the Federal Ministry of Environment and Ecological Management, and the Honourable Minister of Environment and Ecological Management over alleged environmental violations and regulatory breaches in Nigeria’s telecommunications infrastructure sector.
The lawsuit, filed at the Federal High Court, Abuja Division, under Suit No. FHC/ABJ/CS/633/2024, seeks redress for what FENRAD describes as serious environmental and social concerns arising from the deployment of telecommunications infrastructure across the country.
FENRAD, a leading environmental advocacy organization, contends that the Federal Ministry of Environment and its Honourable Minister have failed in their statutory duty to ensure strict compliance with environmental laws and regulations in the siting and operation of telecommunications masts and infrastructure.
The suit also challenges MTN Nigeria and ATC Nigeria Wireless Infrastructure Limited for allegedly neglecting proper environmental impact assessments (EIA), adherence to environmental regulations, and community engagement processes in the deployment of their network infrastructure.
Some key issues were raised in the suit. One of the issues raised in the Suit is failure to comply with environmental laws.
The defendants are alleged to have disregarded statutory provisions regarding environmental impact assessments, regulatory approvals, and community consultations before erecting telecommunications infrastructure.
Another issue is potential public health and safety risks, whereby FENRAD argued that non-compliant infrastructure deployments pose environmental, health, and safety risks to host communities, warranting urgent judicial intervention.
Similarly, there is the issue of accountability of regulatory authorities, the lawsuit questions the oversight role of the Federal Ministry of Environment and its Honourable Minister, asserting that they have failed in their mandate to enforce compliance.
FENRAD urged the court to declare the actions of the defendants unlawful for failing to adhere to Nigeria’s environmental protection laws, compel regulatory authorities to enforce strict compliance with environmental standards in telecommunications infrastructure deployment, mandate MTN Nigeria and ATC Nigeria Wireless Infrastructure Limited to conduct thorough environmental and social impact assessments (ESIA) before deploying infrastructure and provide adequate compensation and remediation for affected communities.
Speaking on the lawsuit, Comrade Nelson Nnanna Nwafor, Executive Director of FENRAD, stated:”As an organization committed to environmental rights and sustainable development, FENRAD will not relent in holding corporate entities and regulatory bodies accountable for environmental and social justice. This lawsuit is not just about compliance; it is about ensuring that businesses operating in Nigeria respect the rights of communities and adhere to the highest environmental standards. We remain steadfast in our pursuit of justice and will continue to advocate for a cleaner, safer, and more sustainable environment for all Nigerians.”
FENRAD calls on the judiciary to ensure a fair and expedited hearing of the case, given its far-reaching environmental and public interest implications.
The organization also urges concerned stakeholders, environmental activists, and the general public to support this cause and hold corporate actors accountable for their environmental footprint.
