Justice Aishat Opesanwo of the Lagos State High Court, Osborne Foreshore, Ikoyi, has scheduled October 12, 2026, to deliver a ruling on an application by Eurapharma Care Services Nigeria Limited the operators of Euracare Multi-Specialist Hospital—seeking to halt the coroner’s inquest into the death of Nkanu, son of acclaimed author Chimamanda Adichie.
Euracare is challenging the jurisdiction of Coroner Atinuke Adetunji to continue the inquest, arguing that the cremation of Nkanu’s body precludes further investigation. Justice Opesanwo set the date for ruling after hearing arguments on Euracare’s request for orders of certiorari (to quash previous decisions related to the inquest) and prohibition (to restrain the coroner from proceeding).
Representing Euracare, Prof. Taiwo Osipitan (SAN) also contested the coroner’s order of witness testimony, claiming the hospital and its staff were being asked to present their case before the deceased’s family had outlined its allegations. Osipitan contended that, while a coroner’s inquest is inquisitorial by nature, it had become accusatorial in substance due to the allegations of medical negligence against the hospital. He argued that requiring the hospital to call witnesses first could violate its right to a fair hearing, and clarified that Euracare had only agreed to the scheduling of hearing dates—not the order of evidence.
On the issue of jurisdiction, Osipitan cited Sections 14 and 15 of the Lagos State Coroners System Law, submitting that a coroner’s authority is tied to the presence of the body within the coroner’s district. He stated that determining the cause of death ordinarily requires a post-mortem, which is no longer possible after cremation, and that any attempt to establish cause of death without a body would be speculative. He further argued that Section 31, which allows the coroner to dispense with inspection in certain cases, did not envision circumstances where the body no longer exists. Osipitan also told the court that Lagos State’s Chief Pathologist had neither performed a post-mortem nor authorized the cremation. He urged the court to grant Euracare’s applications for certiorari and prohibition.
Opposing the application, Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), asked the court to dismiss Euracare’s suit. He argued that the coroner has statutory discretion to proceed with an inquest even if a body is unavailable or destroyed, relying on Section 21 of the Coroners System Law. Pedro also maintained that Euracare’s application for judicial review was premature, as no evidence had yet been taken in the inquest, and insisted that the coroner had not exceeded her jurisdiction.
Counsel for Nkanu’s family, Kemi Pinheiro (SAN), also urged the court to dismiss the application, describing it as premature. He argued that certiorari and prohibition cannot be used to compel the High Court to assume jurisdiction over a special proceeding assigned by law to the coroner, and that such remedies require a reviewable decision, which did not yet exist. Pinheiro also countered Euracare’s argument about jurisdiction, relying on Sections 21 and 31(1) of the Coroners System Law, which he said allow an inquest to proceed even without a body. He noted that Section 31 protects the coroner’s decision not to view or verify a body from being challenged in court. Pinheiro described the inquest as a fact-finding process with no defendant or claimant, emphasizing that its findings would be submitted to executive authorities for any further action.
Justice Opesanwo adjourned the matter to October 12 for ruling on Euracare’s application.
Nkanu died on January 7, 2026, at Euracare Multi-Specialist Hospital, Lagos. His parents, Chimamanda Adichie and Dr. Ivara Esege, have alleged breaches of duty of care in his treatment. Euracare has denied allegations of medical negligence, describing them as unfounded.
