A widow, Mrs. Sarah Akinya, has dragged Airtel Networks Limited and ATC Nigeria Wireless Infrastructure Limited before the Lagos State High Court, seeking ₦232 million in damages over alleged noise pollution, environmental nuisance and structural damage to her residential property caused by the operation of a telecommunications mast in Okota, Lagos.

Akinya is also asking the court to order the dismantling and relocation of the telecommunications facility, alleging that its operation has subjected her household to years of excessive generator noise, vibrations, fumes, smoke and other environmental disturbances.

In the suit before Justice Abisoye Bashua, the claimant is demanding ₦200 million in damages for alleged nuisance arising from the operation of the facility and an additional ₦32 million in general damages for the discomfort, illness, inconvenience, pain and suffering allegedly experienced by members of her household.

She is further seeking a permanent injunction restraining the defendants from continuing the alleged nuisance or, alternatively, an order compelling 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 stated that she had occupied a four-bedroom bungalow on Alhaji Adeniran Street, off Ago Palace Way, Okota, Lagos, since December 1995.

According to her, the dispute began in April 2004 when Airtel allegedly commenced construction on a neighbouring property.

She explained that the adjoining property was subsequently developed into a telecommunications installation known as LAG 101 Base Station, comprising a high-capacity mast, heavy-duty generators, an energy reservoir and fuel-storage facilities.

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

She maintained that the persistent noise and vibrations from the installation had disturbed the peaceful enjoyment of her home and allegedly caused cracks in the walls of her building and its boundary fence.

The claimant also accused the defendants of exposing her household to fumes, smoke and other emissions from the telecommunications facility.

According to her, the emissions frequently entered her residence and settled on furniture and floors, raising concerns about the health and safety of the occupants.

She contended that the continuous operation of the facility had deprived her household of the peaceful enjoyment of their residential property.

Beyond the alleged environmental pollution, Akinya accused the companies of negligence in connection with damage to her boundary fence.

She claimed that a trailer conveying a generator to the telecommunications site rammed into the fence, damaging part of the structure.

According to her, maintenance workers who witnessed the incident allegedly promised to repair the damaged section but failed to complete the work.

She further alleged that the weakened fence subsequently collapsed during heavy rainfall, leaving her property exposed and creating additional security concerns for her household.

To support her claims of environmental nuisance, Akinya referred to an inspection reportedly conducted by the Lagos State Environmental Protection Agency (LASEPA), which allegedly established that noise levels around the telecommunications installation exceeded permissible limits for a residential neighbourhood.

According to the claimant’s court documents, the inspection recorded noise levels of 71 decibels at the entrance to her property and 61 decibels at a distance of five metres.

She maintained that the recorded levels exceeded the permissible residential limits of 55 decibels during the day and 45 decibels at night.

Following the inspection, LASEPA, under its General Manager, Dr. Babatunde Ajayi, reportedly directed the operators of the facility to implement corrective measures to address the environmental concerns.

The measures allegedly included installing soundproofing materials, redirecting exhaust pipes and ensuring compliance with applicable environmental standards.

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

The dispute also resulted in the inclusion of ATC Nigeria Wireless Infrastructure Limited as a defendant in the proceedings.

On January 15, 2026, Justice Bashua granted an application joining ATC as the second defendant after court documents identified the company as the current manager and operator of the telecommunications mast.

ATC, whose office is located at Alliance Place, Alfred Rewane Road, Ikoyi, Lagos, was subsequently brought into the case alongside Airtel Networks Limited.

The claimant’s legal representatives, Fadeson Legal Practice, also reportedly forwarded correspondence dated September 2, 2026, to ATC’s management concerning the dispute.

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

Akinya is asking the court to hold the defendants liable for the alleged environmental nuisance and award the combined ₦232 million in damages.

She is also seeking judicial intervention to prevent the continued operation of the facility in a manner she alleges has caused damage to her property and adversely affected her household.

The suit raises questions concerning the environmental obligations of telecommunications companies and infrastructure managers operating facilities close to residential buildings, particularly their responsibility to control noise, emissions and other disturbances affecting neighbouring properties.

The allegations remain claims before the court, which has yet to determine the defendants’ liability or the claimant’s entitlement to the reliefs sought.

Follow Our WhatsApp Channel ______________________________________________________________________________________________________

[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials

“Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti.

Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation

______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence

Interested buyers are encouraged to place their orders and enquiries via: 0704 444 4777, 0704 444 4999, 0818 199 9888 Website: www.alexandernigeria.com

______________________________________________________________________

“A Comprehensive Guide To Evidence Law” — Releases Second Edition In Three Volumes, Covering 4,051 Cases

  For enquiries and orders, contact: 08035526491 Email: jerryamadisilk@gmail.com Prof. Jerry Amadi’s Evidence Law, Second Edition (2026), contains 3,314 pages in three volumes, covering the Evidence Act 2011, its 2023 amendment, and 4,051 Nigerian and English cases.