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Court Bars GSM Provider from Erecting Mast in Resident Area
A Federal High Court sitting in Osogbo has restrained a GSM service provider from erecting GSM mast near residential buildings at Fiwasaye Community, Osogbo.
The Court also declared as illegal, ultra vires, null and void the approval purportedly granted to the GSM company by the National Environmental Standard Regulation Agency, NESREA, to erect the mast in connivance with the community leader, the Baale of Fiwasaye.
The decision of the court is consequent upon a representative action brought by Counsel, Mr Yemi Abiona, on behalf of landlords, landladies and residents of the area on the erection of the mast close to residential buildings without consultation with the residents and without consideration for the health of the people.
The Court granted the five reliefs sought by the residents as contained in the process signed by their lawyer, Mr Yemi Abiona.
Reading the judgement, the presiding judge, Justice Nathaniel Ayo-Emmanuel, also agreed with the plaintiffs that erecting a GSM mast in a developed and built up area of Fiwasaye community, Zone D2, constituted “serious danger, health and environmental hazards to the lives and properties of the residents of the area and should not be allowed.”
Justice Ayo-Emmanuel, consequently, set aside the said permission purportedly granted by NESREA authorizing the erection of the mast in Fiwasaye community, Zone D, Osogbo, Osun State.
The Judge declared that, ” The testimonies of the plaintiffs were never controverted in any sufficient material as to weaken their case. The testimonies of some of defendants’ witnesses actually supported the case of the plaintiffs, particularly that of the defence second witness who said the Environmental Impact Assessment of the project was published in a national daily, but could not produce evidence.”
Justice Ayo-Emmanuel also added that the “defendants, in their defense, failed to show credible evidence that all conditions set out in all relevant legislations were complied with before the erection of the mast in question.”
By this judgment, therefore, the continued erection of a GSM mast at the Fiwasaye community, Zone D2, Osogbo is illegal.
