Sarah Akinya Airtel ATC N232m Lawsuit: Widow Sues Over Telecom Mast Noise

• Mrs. Sarah Akinya has filed a N232 million lawsuit against Airtel Networks Limited and ATC Nigeria Wireless Infrastructure Limited at the Lagos State High Court.
• The suit alleges noise pollution, structural damage, and environmental nuisance caused by the LAG 101 Base Station telecommunications mast near her Okota, Lagos residence since 2004.
• Akinya seeks N200 million for nuisance and N32 million for general damages, along with an order to dismantle or relocate the facility.
• The claimant also alleges negligence regarding a damaged perimeter fence, which collapsed after a trailer incident.
• A LASEPA inspection report indicated that noise levels from the facility, measured at 71 and 61 decibels, exceeded the current residential limits of 65 decibels during the day and 55 decibels at night.

An inspection by the Lagos State Environmental Protection Agency (LASEPA) reportedly confirmed that noise levels around the facility significantly surpassed the permitted limits for a residential neighborhood, providing crucial evidence in the ongoing dispute.

Mrs. Sarah Akinya, a widow residing in Okota, Lagos, has initiated a lawsuit against Airtel Networks Limited and ATC Nigeria Wireless Infrastructure Limited before the Lagos State High Court. The claimant is seeking N232 million in total damages, comprising N200 million for the alleged nuisance stemming from noise, vibrations, noxious fumes, toxic smoke, and radiation, alongside N32 million in general damages for annoyance, discomfort, illness, inconvenience, pain, and suffering. The legal action, identified as suit number LD/970/2007, is currently being heard in the Lagos Judicial Division by Justice Abisoye Jubril Bashua.

At the core of the dispute are allegations of persistent noise pollution, structural damage, and environmental nuisance emanating from a telecommunications mast, specifically the LAG 101 Base Station, situated near Akinya's residence. Beyond monetary compensation, the lawsuit also requests a court order compelling the defendant companies to dismantle and relocate the installation. Alternatively, Akinya seeks an injunction to prevent the companies from continuing operations that she claims adversely affect her property and household.

Akinya, who has resided in her four-bedroom bungalow at 2, Alhaji Adeniran Street, Okota, Lagos, since December 1995, asserts that the problems began in April 2004. This timeline coincides with Airtel's commencement of construction on the adjacent property at 4, Alhaji Adeniran Street, where the telecommunications facility was installed. The installation, which includes a mast, heavy-duty generators, an energy reservoir, and fuel storage facilities, is located approximately four metres from her property's perimeter wall.

According to the claimant, the continuous operation of these generators has subjected her household to incessant noise and vibrations, leading to cracks in the walls of her building and boundary fence. Furthermore, she alleges that smoke and fumes from the facility regularly permeate her home, settling on furniture and floors, thereby raising significant health concerns for her and her family members. These environmental impacts form the basis for a substantial portion of her requested damages.

The lawsuit also includes an allegation of negligence concerning damage to Akinya's perimeter fence. She claims that a trailer transporting a generator to the telecommunications facility struck and damaged the fence. Although maintenance operators reportedly witnessed the incident and promised repairs, these were never carried out. Subsequently, the weakened fence collapsed during heavy rainfall, leaving her property exposed and creating security vulnerabilities for its occupants.

Crucially, Akinya's claims are supported by an inspection report from the Lagos State Environmental Protection Agency (LASEPA). This inspection reportedly found that noise levels around the facility exceeded the permissible limits for a residential neighborhood. Specifically, readings indicated 71 decibels at her property's entrance and 61 decibels at a distance of five metres, both surpassing the current prescribed residential limits of 65 decibels during the day and 55 decibels at night.

This N232m lawsuit against Airtel Nigeria and ATC Nigeria highlights the significant environmental damages and nuisance claims that telecommunications companies can face when operating facilities in residential areas. The detailed allegations of noise pollution, vibrations, fumes, and structural damage, coupled with the negligence claim regarding the perimeter fence, underscore the need for strict adherence to environmental regulations and responsible operational practices. The involvement of the Lagos State High Court in this LAG 101 Base Station dispute sets a precedent for how such environmental grievances are addressed.

An inspection by the Lagos State Environmental Protection Agency (LASEPA) reportedly confirmed that noise levels around the facility significantly surpassed the permitted limits for a residential neighborhood, providing crucial evidence in the ongoing dispute. This finding, particularly concerning LASEPA noise limits for telecom facilities, emphasizes the potential liability exposure for companies whose infrastructure impacts local communities. The case serves as a critical reminder for telecommunications providers to ensure their operations do not infringe upon the environmental rights and well-being of nearby residents.

Lawyers advising telecommunications companies or property developers should note the significant liability exposure (N232m) for environmental nuisance and property damage claims, particularly concerning noise, vibrations, and fumes from infrastructure in residential areas. Compliance officers must ensure strict adherence to environmental regulations, such as LASEPA noise limits, and review operational protocols to mitigate similar claims and potential precedent-setting judgments.

Source: Original reporting via PUNCH