A widow, Mrs Sarah Akinya, has sued Airtel Networks Limited and ATC Nigeria Wireless Infrastructure Limited before the Lagos State High Court, seeking N232 million in damages over alleged noise pollution and structural damage caused by a telecommunications mast near her residence in Okota, Lagos.
Akinya is also asking the court to order the defendants to dismantle and relocate the facility, which she claims has subjected her household to years of excessive generator noise, vibrations, fumes and smoke.
In the suit before Justice Abisoye Bashua, the claimant is seeking N200 million in damages for alleged nuisance and N32 million for the discomfort, illness, inconvenience, pain and suffering allegedly experienced by her household.
She is also seeking a permanent injunction restraining the companies from continuing the alleged nuisance or, alternatively, an order directing them to move the installation to a safer location.
In her amended statement of claim, filed through her lawyer, Ajibola O. Ajiboye of Fadeson Legal Practice, Akinya said she had lived in a four-bedroom bungalow at 2 Alhaji Adeniran Street, Okota, since December 1995.
She alleged that the dispute began in April 2004, when Airtel commenced construction on a neighbouring property. The site later became a telecommunications facility known as LAG 101 Base Station, comprising a mast, heavy-duty generators and fuel-storage facilities.
According to her, the equipment was installed about four metres from her property’s boundary wall, exposing her household to persistent noise and vibrations that allegedly caused cracks in the walls of her home and boundary fence.
She further accused the companies of negligence over damage to the fence after a trailer conveying a generator allegedly rammed into it. She said the fence later collapsed during heavy rainfall after repairs promised by maintenance workers were not completed.
Akinya also relied on an inspection reportedly conducted by the Lagos State Environmental Protection Agency (LASEPA), which allegedly found that noise levels around the facility exceeded permissible limits for a residential area.
The inspection reportedly recorded 71 decibels at the entrance to her property and 61 decibels five metres away, against residential limits of 55 decibels during the day and 45 decibels at night.
LASEPA was said to have directed the facility’s operators to take corrective measures, including soundproofing, redirecting exhaust pipes and complying with environmental standards.
ATC was joined as the second defendant in the suit after court documents identified it as the company currently managing and operating the mast.
The case raises questions about the environmental responsibilities of telecommunications operators and infrastructure managers whose facilities are located close to residential properties.
You must be logged in to post a comment.