Widow Sues Airtel, ATC For N232m Over Alleged Noise Pollution, Property Damage

A widow, Mrs Sarah Akinya, has sued Airtel Networks Limited and ATC Nigeria Wireless Infrastructure Limited at the Lagos State High Court, seeking N232 million in damages over alleged environmental nuisance.

Akinya accuses the companies of causing persistent noise pollution and structural damage through the operation of a telecommunications mast near her home in Okota, Lagos.

She is also asking the court to order the companies to dismantle and relocate the facility, which she alleges has exposed her household for years to excessive generator noise, vibrations, fumes, smoke and other environmental disturbances.

In a suit before Justice Abisoye Bashua, Akinya is claiming N200 million in damages for alleged nuisance arising from the facility’s operation, as well as N32 million in general damages for the discomfort, illness, inconvenience, pain and suffering allegedly experienced by her household.

She is also seeking a permanent injunction to prevent the defendants from continuing the alleged nuisance, or an order requiring them to relocate the telecommunications 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, off Moshobolaje Street, off Ago Palace Way, Okota, since December 1995.

She said the dispute began in April 2004, when Airtel allegedly started construction on a neighbouring property at 4 Alhaji Adeniran Street.

According to Akinya, the site later became a telecommunications facility known as LAG 101 Base Station, comprising a high-capacity mast, heavy-duty generators, an energy reservoir and fuel-storage facilities.

She alleges that the equipment was installed about four metres from her property’s boundary wall, exposing her household to generators operating continuously close to their living quarters.

Akinya said noise and vibrations from the facility had become a persistent disturbance and had allegedly caused cracks in the walls of her home and in its boundary fence.

She also accused the defendants of exposing her household to fumes, smoke and other emissions from the installation. She said these entered her home and settled on furniture and floors, raising concerns about the occupants’ health and safety.

She maintains that the alleged disturbances have deprived her and her household of the peaceful enjoyment of their property.

Akinya further alleges that the companies were negligent in damaging her boundary fence when a trailer carrying a generator to the site rammed into it.

She said maintenance workers witnessed the incident and allegedly promised to repair the damaged section but failed to complete the work.

According to Akinya, the weakened fence later collapsed during heavy rainfall, leaving the property exposed and creating further security concerns for the occupants.

In support of her environmental nuisance claims, Akinya cited an inspection reportedly conducted by the Lagos State Environmental Protection Agency (LASEPA). The agency allegedly found that noise levels around the facility exceeded permissible limits for a residential area.

The inspection reportedly recorded noise levels of 71 decibels at the entrance to her property and 61 decibels five metres away.

The readings exceeded the residential limits of 55 decibels during the day and 45 decibels at night, according to the claimant’s court documents.

After the inspection, LASEPA, under its general manager, Dr Babatunde Ajayi, reportedly directed the facility’s operators to take corrective measures, including installing soundproofing materials, redirecting exhaust pipes and complying with applicable environmental standards.

Akinya intends to rely on the agency’s intervention as evidence that the facility allegedly violated her right to a safe and peaceful residential environment.

The dispute has also brought ATC Nigeria Wireless Infrastructure Limited into the case.

On 15 January 2026, Justice Bashua granted an application to join ATC as the second defendant after court documents identified it as the company currently responsible for managing and operating the mast.

ATC’s office is on the 10th floor of Alliance Place, 33A Alfred Rewane Road, Ikoyi, Lagos.

Fadeson Legal Practice reportedly sent further correspondence to ATC’s management, dated 2 September 2026, concerning the dispute. Copies were served on the registrar of the Lagos State High Court, Yaba Division.

The suit raises questions about the environmental responsibilities of telecommunications companies and infrastructure managers, particularly when installations operate close to residential buildings.