Wale Igbintade
Dr Ivara Esege and his wife, award-winning author Chimamanda Adichie, have urged the Lagos State High Court to dismiss a suit by Eurapharma Care Services Nigeria Limited seeking to halt the coroner’s inquest into the death of their son, Master Nkanu Adichie-Esege.
The couple, through their counsel, Kemi Pinheiro, SAN, described the hospital’s judicial review application as premature, arguing that the coroner had made no decision or determination of rights capable of being quashed by the High Court.
Pinheiro, who described his clients as “the most aggrieved Respondents”, likened the action to a “Usain Bolt/Ben Johnson” suit, arguing that Eurapharma had approached the court before the coroner had reached any substantive decision.
His submissions formed part of a preliminary objection in Suit No. LD/7069MJR/2026, before Justice A.O. Opesanwo of the Lagos State High Court, sitting in Osborne, Ikoyi.
Pinheiro argued that the court does not “hunger or thirst for jurisdiction”, stressing that judicial review could not be invoked to pre-empt proceedings that had not produced any substantive decision.
Eurapharma is seeking orders of certiorari and prohibition to challenge the coroner’s proceedings, including a directive requiring the hospital to commence its evidence in the inquest.
The hospital has also challenged the continuation of the inquest following the cremation of Nkanu’s remains, contending that the absence of the body makes the conduct of the inquest impossible.
Pinheiro, however, argued that the proceedings being challenged were merely preliminary and procedural, stressing that no witness had been called, no evidence had been taken and no substantive finding had been made by the coroner.
He submitted that the judicial review proceedings were therefore premature because there was no decision or determination for the High Court to review.
Citing Section 21 of the Lagos State Coroners’ System Law, Pinheiro argued that the legislation expressly contemplates the conduct of an inquest where a body has been destroyed or cannot be recovered.
He also relied on Section 31(1) of the Coroners’ System Law, particularly the provision empowering the coroner to view the body “if any”, contending that the absence of the remains did not, without more, extinguish the coroner’s jurisdiction.
The Lagos State Attorney-General, Lawal Pedro, SAN, also urged the court to strike out the suit based on a preliminary objection.
Relying particularly on Grounds 3 and 4 of the objection, Pedro urged the court to dismiss the action and allow the inquest to proceed.
Similarly, counsel to Atlantis Paediatric Hospital Limited, Dr Abiodun Layonu, SAN, and Adeniji Kazeem, SAN, argued that the issue raised by Eurapharma had already been addressed during proceedings before the coroner on April 14, 2026.
They said it had been conceded at the proceedings that the family would lead evidence first, thereby addressing the hospital’s concern over the sequence of evidence.
The counsel further argued that Sections 21 and 40 of the Coroners’ System Law permit an inquest to proceed even where a body cannot be recovered.
They urged the court to dismiss Eurapharma’s suit and allow the parties to return to the coroner to continue the inquest.
However, counsel to Eurapharma, Prof. Taiwo Osipitan, SAN, maintained that the hospital should not be compelled to commence its evidence while the complainant who had made allegations of medical incompetence against it had not first led evidence.
Osipitan urged the court to uphold Eurapharma’s challenge to the proceedings.
After hearing the submissions of counsel, Justice Opesanwo reserved ruling till October 12, 2026.