The Lagos State High Court sitting in Ikoyi has reserved October 12, 2026, to rule on an application by Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, seeking to halt the coroner’s inquest into the death of Master Nkanu Adichie-Esege, son of celebrated Nigerian author, Chimamanda Adichie, and her husband, Dr Ivara Esege.
Justice Aishat Opesanwo fixed the date after hearing arguments seeking a judicial review of the proceedings
Eurapharma is asking the court for orders of certiorari to quash decisions already made in connection with the inquest and prohibition restraining the Coroner, Magistrate Atinuke Adetunji, from continuing with the proceedings.
At the heart of the application are two major issues: whether the hospital and its personnel can be required to begin leading evidence before the family has presented its case, and whether the Coroner can lawfully continue the inquest after Nkanu’s remains were cremated.
Nkanu died on January 7, 2026, at Euracare Multi-Specialist Hospital in Lagos, where he had been undergoing medical treatment.
His parents subsequently raised allegations of breaches of the duty of care in the treatment of their son. Euracare has denied allegations of medical negligence, describing them as inaccurate and unfounded.
Hospital challenges order of evidence
Arguing the application for Eurapharma, Senior Advocate of Nigeria, Prof. Taiwo Osipitan, questioned the procedure adopted by the Coroner, particularly the direction that the hospital should commence its evidence.
Osipitan argued that the hospital and its personnel had been placed in a difficult position because allegations of medical incompetence had been made against them, yet they were being asked to open their case before those making the allegations had presented their evidence.
He maintained that the hospital had never agreed to lead evidence first.
According to the SAN, an earlier agreement between the parties related only to the convenience of dates for the proceedings and did not amount to an agreement on the order in which witnesses would testify.
He urged the court to consider the implications for the hospital’s right to fair hearing, arguing that although a coroner’s inquest is inquisitorial in form, it had, in the circumstances of this case, become “accusatorial in substance” because of the allegations of medical negligence.
Osipitan therefore contended that compelling the hospital to begin its evidence could result in a breach of its right to fair hearing.
Can an inquest continue without the body?
The second major issue concerned the effect of the cremation of Nkanu’s remains on the Coroner’s jurisdiction.
Osipitan relied on provisions of the Lagos State Coroners System Law, particularly Sections 14 and 15, to argue that the Coroner’s jurisdiction was connected to the presence of the deceased’s body within the relevant coroner district.
He submitted that determining who died, where the person died, how the person died and the cause of death would ordinarily require a post-mortem examination.
According to him, the cremation of Nkanu’s remains meant that a post-mortem examination could no longer be carried out, making it impossible to establish the cause of death without speculation.
He also argued that Section 31 of the law, which permits a Coroner to dispense with inspection in certain circumstances, did not contemplate a situation in which the deceased’s body no longer existed.
The SAN further told the court that the Chief Pathologist of Lagos State had neither conducted a post-mortem examination nor authorised the cremation.
He consequently urged the court to grant the orders of certiorari and prohibition sought by Eurapharma.
Family: No decision for court to quash
But counsel to Nkanu’s parents, Kemi Pinheiro, SAN, urged the court to dismiss the application, describing it as premature.
Pinheiro, appearing for what he described as “the most aggrieved Respondents”, argued that the Coroner had not made any substantive decision or determination of rights capable of being quashed by the High Court.
He characterised the application as a “Usain Bolt/Ben Johnson” suit, arguing that the hospital had approached the High Court before the Coroner had actually taken evidence or made a substantive determination.
His argument was that no witness had yet been called, no evidence had been taken and no substantive finding had been made by the Coroner.
The judicial review proceedings, he submitted, therefore sought to pre-empt a decision that had not yet been made.
Pinheiro also argued that certiorari and prohibition could not be used to compel the High Court to assume jurisdiction over a special proceeding which the law had entrusted to the Coroner.
He submitted that for either remedy to be available, there must first be a reviewable decision involving a determination of rights or a breach of rights.
He further stressed that a coroner’s inquest is a fact-finding proceeding, not a criminal trial. It has neither a conventional claimant nor a defendant and does not determine criminal guilt.
According to him, any findings eventually made by the Coroner would be submitted to the appropriate executive authorities, including the Attorney-General and the Director of Public Prosecutions, for consideration of any further action.
Law allows inquest without a body, respondents argue
On the question of the cremation, Pinheiro relied on Sections 21 and 31(1) of the Lagos State Coroners System Law.
He argued that the law expressly contemplated circumstances in which an inquest could proceed even where the body of the deceased had been destroyed or could not be recovered.
He particularly drew attention to the reference in Section 31(1) to the Coroner viewing the body “if any”, submitting that the absence of remains did not, by itself, extinguish the Coroner’s jurisdiction.
He also argued that the provision protected the Coroner’s decision not to view or verify the existence of a body from being challenged in court.
Attorney-General backs continuation
The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, also urged the court to dismiss the hospital’s application.
Relying particularly on the grounds raised in his preliminary objection, Pedro argued that the judicial review proceedings were premature and that the Coroner had neither asserted nor exceeded jurisdiction in a manner warranting the intervention of the High Court.
He relied on Section 21 of the Lagos State Coroners System Law, arguing that the provision gives the Coroner discretion to proceed with an inquest even where the body of the deceased has been destroyed or is unavailable.
The Attorney-General maintained that the Coroner should be allowed to exercise the statutory discretion granted under the law rather than have the proceedings halted at a preliminary stage.
Atlantis joins respondents
Counsel representing Atlantis Paediatric Hospital Limited, Dr Abiodun Layonu, SAN, and Adeniji Kazeem, SAN, also opposed Eurapharma’s application.
They argued that the hospital’s concern over the order of evidence had already been addressed during proceedings before the Coroner on April 14, 2026, when it was conceded that the family would lead evidence first.
They further relied on Sections 21 and 40 of the Coroners System Law to argue that an inquest could proceed even where the body of the deceased could not be recovered.
They urged the High Court to dismiss Eurapharma’s suit and allow the parties to return to the Coroner’s court for the inquest to continue.
Ruling October 12
After hearing the submissions of Eurapharma, the deceased’s parents, the Lagos State Attorney-General and Atlantis Paediatric Hospital, Justice Opesanwo reserved ruling until October 12, 2026.
Until then, the Coroner’s inquest remains the subject of the judicial review proceedings before the High Court.
The court’s ruling will determine whether Eurapharma’s challenges to the conduct and jurisdiction of the inquest can be entertained at this stage and whether the Coroner can proceed with the investigation into the circumstances surrounding Nkanu’s death despite the cremation of his remains.
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