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A widow, Mrs Sarah Akinya, has dragged Airtel Networks Limited and ATC Nigeria Wireless Infrastructure Limited before the Lagos State High Court, demanding N232 million in damages over alleged noise pollution, structural damage and environmental nuisance caused by a telecommunications mast near her residence in Okota, Lagos.
Akinya, who instituted the suit on behalf of herself and members of her household, is also seeking an order compelling the companies to dismantle and relocate the facility or restraining them from continuing operations allegedly affecting the peaceful enjoyment of her home.
The suit, marked LD/970/2007, is before Justice Abisoye Jubril Bashua of the Lagos Judicial Division of the High Court.
In her amended statement of claim, the claimant said she had lived in her four-bedroom bungalow at No. 2 Alhaji Adeniran Street, off Moshobolaje Street, Ago Palace Way, Okota, since December 1995.
She traced the dispute to April 2004, when Airtel allegedly began construction on an adjoining property at No. 4 Alhaji Adeniran Street. By July of that year, she said, it became apparent that the company was installing a telecommunications mast identified as LAG 101 Base Station.
According to her, the facility comprises a high-capacity mast, heavy-duty electricity generators, an energy reservoir and fuel storage facilities, with some of the equipment located about four metres from her property’s perimeter wall.
Through her counsel, Ajibola O. Ajiboye of Fadeson Legal Practice, Akinya alleged that the continuous operation of the generators had subjected her household to persistent noise and vibrations, resulting in cracks in the walls of her building and boundary fence.
She further claimed that fumes, smoke and other emissions from the facility had spread into her home, settling on furniture and floors and exposing occupants to what she described as serious health risks.
The widow is demanding N200 million in damages for alleged nuisance arising from noise, vibrations, noxious fumes, toxic smoke and radiation associated with the facility. She is also seeking N32 million in general damages for alleged annoyance, discomfort, illness, inconvenience, pain and suffering.
Beyond the financial claims, she wants the court to order the defendants to dismantle the installation and relocate it to a safer location.
Alternatively, she is seeking an injunction restraining them from continuing activities that allegedly constitute a nuisance.
The case took another turn on January 15, 2026, when Justice Bashua granted an application to join ATC Nigeria Wireless Infrastructure Limited as the second defendant.
ATC, with an office on the 10th Floor, Alliance Place, 33A Alfred Rewane Road, Ikoyi, Lagos, was joined because court documents identify it as the company currently responsible for managing and operating the telecommunications mast.
Akinya’s claims also include alleged negligence over damage to her perimeter fence.
She told the court that a trailer conveying a generator for installation at the site struck the fence, damaging part of it in an incident allegedly witnessed by maintenance operators.
Although the operators reportedly promised to repair the damaged section, the claimant said the work was not completed.
She alleged that the weakened fence subsequently collapsed during heavy rainfall, leaving the property exposed and raising security concerns for her household.
To support her claims, Akinya also relied on an inspection reportedly conducted by the Lagos State Environmental Protection Agency (LASEPA), which found that noise levels around the facility exceeded the permissible limits for a residential area.
The inspection report reportedly recorded noise levels of 71 decibels at the entrance to her property and 61 decibels at a distance of five metres.
The readings were above the stated residential limits of 55 decibels during the day and 45 decibels at night.
LASEPA, under its General Manager, Dr Babatunde Ajayi, reportedly directed the facility’s operators to address the noise pollution, install soundproofing measures, redirect exhaust pipes and comply with relevant environmental regulations.
The claimant is relying on the agency’s intervention to support her argument that the facility’s operations have disrupted the peace and safety of her home.
Further correspondence concerning the dispute was reportedly sent by Fadeson Legal Practice to ATC’s management on September 2, 2026, with copies served on the Registrar of the Lagos State High Court, Yaba Division.
The court is expected to determine the allegations against the companies, including whether the operation of the telecommunications facility caused the claimed property damage, noise pollution and environmental nuisance.
The defendants’ responses and evidence presented during the proceedings will be central to establishing liability and determining whether the claimant is entitled to the damages and other reliefs sought.
The suit raises broader questions about the siting and operation of telecommunications infrastructure close to residential buildings and the responsibility of companies managing such facilities to protect neighbouring property owners from environmental hazards. (The Guardian)