Widow sues Airtel, ATC for N232m over noise pollution

A widow, Mrs Sarah Akinya, has filed suit against Airtel Networks Limited and ATC Nigeria Wireless Infrastructure Limited before the Lagos State High Court, demanding N232m 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 for herself and members of her household, is also seeking an order compelling the companies to dismantle and relocate the installation or restraining them from continuing operations allegedly affecting her property.

The suit, marked LD/970/2007, is before the Lagos Judicial Division of the High Court and presided over by Justice Bashua.

In her amended statement of claim, the widow alleged that the defendants’ telecommunications facility, identified as LAG 101 Base Station, had subjected her household to persistent noise, vibrations, smoke and fumes since its installation in 2004.

She said she had lived in her four-bedroom bungalow at 2, Alhaji Adeniran Street, off Moshobolaje Street, off Ago Palace Way, Okota, Lagos since December 1995.

According to her, the problem began in April 2004, when Airtel started construction on the adjoining property at 4, Alhaji Adeniran Street, Lagos.

She alleged that the installation, comprising a telecommunications mast, heavy-duty generators, an energy reservoir and fuel storage facilities, was situated about four metres from her property’s perimeter wall.

The claimant, through her lawyer, Ajibola Ajiboye of Fadeson Legal Practice, alleged that the generators’ continuous operation produced noise and vibrations that caused cracks in the walls of her building and boundary fence.

She further claimed that smoke and fumes from the facility spread into her home, settling on furniture and floors and raising serious health concerns for members of her household.

Akinya demands N200m in damages for the alleged nuisance arising from noise, vibrations, noxious fumes, toxic smoke and radiation associated with the installation.

She is also seeking N32m in general damages for alleged annoyance, discomfort, illness, inconvenience, pain and suffering.

Apart from the financial claims, the widow wants the court to compel the defendants to dismantle the telecommunications installation and relocate it to a safer location.

Alternatively, she is seeking an injunction restraining the companies from continuing activities allegedly constituting a nuisance to her household.

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The dispute also involves an allegation of negligence over damage to the claimant’s perimeter fence.

She alleged that a trailer conveying a generator to the telecommunications facility struck and damaged the fence in an incident witnessed by maintenance operators.

According to the court documents, the operators promised to repair the damaged section but failed to do so.

The claimant said the weakened fence subsequently collapsed during heavy rainfall, leaving her property exposed and creating security concerns for the occupants.

In support of her allegations, Akinya relied on an inspection reportedly conducted by the Lagos State Environmental Protection Agency, which found that noise levels around the facility exceeded the permitted limits for a residential neighbourhood.

The inspection report recorded noise levels of 71 decibels at the entrance of her property and 61 decibels at a distance of fivemetres.

The readings were reportedly above the prescribed 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 relied on the agency’s intervention to support her contention that the facility’s operation has interfered with her right to the peaceful enjoyment of her property.

The proceedings took another turn on January 15, 2026, when Justice Bashua ordered the joinder of 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 on the grounds that it is currently responsible for managing and operating the telecommunications mast.

The claimant’s solicitors, Fadeson Legal Practice, also wrote to ATC’s management on September 2, 2026, concerning the dispute.

Copies of the correspondence were reportedly served on the Registrar of the High Court of Lagos State, Yaba Division.