FENRAD Takes Legal Action Against MTN and others Over Environmental Violations.
By Raymond Enoch
In a bold move aimed at safeguarding Nigeria’s environment, the Foundation for Environmental Rights, Advocacy & Development (FENRAD) has filed a lawsuit against MTN Nigeria, ATC Nigeria Wireless Infrastructure Limited, and key regulatory bodies, over alleged environmental breaches and regulatory lapses in the telecommunications sector.
The lawsuit, which was filed at the Federal High Court, Abuja Division under Suit No. FHC/ABJ/CS/633/2024, draws attention to the growing environmental and social concerns surrounding the rapid deployment of telecommunications infrastructure across the country. FENRAD accuses the defendants of neglecting essential environmental procedures and failing to uphold their statutory duties to protect public health and the environment.
At the heart of the case is the alleged disregard by MTN Nigeria and ATC Nigeria Wireless Infrastructure Limited for Nigeria’s environmental laws.
According to FENRAD, the companies have deployed infrastructure without conducting the required Environmental Impact Assessments (EIA), nor have they engaged with local communities to consult on the potential impacts of such projects. Furthermore, the suit takes aim at the Federal Ministry of Environment and its Minister for failing to enforce regulations that would ensure compliance with environmental standards.
FENRAD’s legal action is based on several key points of contention, including, failure to comply with Environmental Laws – The defendants are accused of neglecting statutory requirements related to environmental impact assessments, regulatory approvals, and community consultations prior to the erection of telecommunications masts.
There is also the potential Health and safety risks which according to FENRAD the deployment of non-compliant infrastructure has the potential to cause significant environmental harm, public health risks, and safety issues for host communities.
Ineffectiveness of Regulatory Oversight – The lawsuit challenges the oversight role of the Federal Ministry of Environment, arguing that it has failed to ensure that the telecommunications sector adheres to strict environmental regulations.
FENRAD’s Demands
The environmental advocacy organization is seeking judicial intervention on the following grounds:
A declaration that the actions of MTN Nigeria, ATC, and regulatory bodies are unlawful due to their failure to comply with Nigeria’s environmental protection laws.
An order compelling regulatory authorities to enforce compliance with environmental standards in the deployment of telecommunications infrastructure.
A mandate for MTN and ATC to conduct thorough Environmental and Social Impact Assessments (ESIA) before commencing any infrastructure projects.
The provision of compensation and remediation for communities negatively impacted by non-compliant infrastructure.
A Strong Stand for Environmental Justice
Speaking about the case, Comrade Nelson Nnanna Nwafor, Executive Director of FENRAD, emphasized the organization’s commitment to holding both corporate entities and regulatory bodies accountable. “This lawsuit is about more than compliance; it’s about protecting the rights of communities and ensuring businesses respect the highest environmental standards,” said Nwafor. “FENRAD will continue to fight for a cleaner, safer, and more sustainable environment for all Nigerians.”
FENRAD’s intervention comes at a crucial time, as concerns over the environmental impact of Nigeria’s rapidly expanding telecommunications infrastructure are gaining increasing attention. With mobile network providers like MTN at the forefront of infrastructure expansion, activists and environmentalists are calling for stricter regulatory oversight to mitigate the social and environmental consequences of these developments.
FENRAD has urged the judiciary to prioritize and expedite the hearing of this case, given the wider public interest and environmental implications at stake. The organization also calls on environmental activists, civil society groups, and the public to rally behind the cause and demand greater corporate responsibility in the telecommunications sector.
As the legal battle unfolds, the outcome of this case could set a significant precedent for the telecommunications industry and its impact on Nigeria’s environment.
