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Widow sues Airtel, ATC for N232m over alleged mast pollution

 

A widow, Mrs Sarah Akinya, has dragged Airtel Networks Limited and ATC Nigeria Wireless Infrastructure Limited before the Lagos State High Court, Lagos Judicial Division, seeking N232 million in damages over alleged noise pollution, structural damage and other environmental disturbances linked to a telecom mast near her residence in Okota, Lagos.

The suit, marked LD/970/2007, is before Justice Bashua.

Akinya, who filed the action for herself and members of her household, is also asking the court to order the removal of the mast or restrain the defendants from continuing activities she says amount to an environmental nuisance.

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Court documents show that Akinya has lived in her four-bedroom bungalow at No. 2 Alhaji Adeniran Street, off Moshobolaje Street, off Ago Palace Way, Okota, since December 1995.

The dispute began in April 2004, when Airtel started construction on the adjoining property at No. 4 Alhaji Adeniran Street. By July of that year, she said it had become clear that the company was installing a telecoms mast identified as LAG 101 Base Station.

According to her amended statement of claim, the installation included a high-capacity mast, heavy-duty electricity generators, an energy reservoir and fuel storage facilities, allegedly located about four metres from her perimeter wall.

Through her counsel, Ajibola O. Ajiboye of Fadeson Legal Practice, Akinya alleged that the continuous operation of the generators had exposed her household to persistent noise and vibrations, causing cracks in the walls of her building and the boundary fence.

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She further claimed that fumes, smoke and other emissions had spread into her living environment, settling on furniture and floors and creating serious health concerns for the occupants.

Akinya is asking the court to award N200 million as damages for nuisance arising from the alleged vibration, noise, noxious fumes, toxic smoke and radiation, and N32 million in general damages for annoyance, discomfort, illness, inconvenience, pain and suffering.

She also wants the court to order the defendants to dismantle the installation and relocate it to a safer location or, alternatively, grant an injunction restraining them from continuing the alleged nuisance.

On January 15, 2026, Justice Bashua joined ATC Nigeria Wireless Infrastructure Limited as the second defendant.

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ATC, whose office is on the 10th Floor of Alliance Place, 33A Alfred Rewane Road, Ikoyi, Lagos, was joined because court documents identify it as the entity currently managing and operating the mast.

The claimant also alleges negligence over damage to her perimeter fence.

She stated that a trailer carrying a generator intended for the mast struck the fence in an incident allegedly witnessed by maintenance operators.

The operators promised to repair the damaged section, but the work was not completed. The weakened fence later collapsed during heavy rainfall, leaving the property exposed and raising security concerns for the occupants.

Akinya also relied on the intervention of the Lagos State Environmental Protection Agency, which reportedly inspected the facility and recorded noise levels above the permitted limits for a residential area.

The inspection report cited readings of 71 decibels at the entrance of the property and 61 decibels at a distance of five metres, against the residential standards of 55 decibels by day and 45 decibels at night.

LASEPA, under its General Manager, Dr Babatunde Ajayi, reportedly directed the operators to install soundproofing measures, redirect exhaust pipes and comply with applicable environmental requirements.

Fadeson Legal Practice further wrote to ATC Nigeria’s management on September 2, 2026, over the dispute. Copies were reportedly served on the Registrar of the High Court of Lagos State, Yaba Division.

The case is expected to continue before Justice Bashua, with no date yet fixed for the next hearing. Neither Airtel nor ATC has publicly responded to the allegations.

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