The Lagos State High Court in Ikoyi has set October 12, 2026, to deliver its ruling on an application filed by Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, seeking to stop the ongoing coroner’s inquest into the death of Master Nkanu Adichie-Esege. Nkanu was the son of renowned Nigerian author Chimamanda Adichie and Dr. Ivara Esege.
Justice Aishat Opesanwo fixed the ruling date after hearing arguments on Eurapharma’s application for judicial review of the coroner’s proceedings. Eurapharma is asking the court to issue orders of certiorari to nullify previous decisions related to the inquest and a prohibition order to restrain Magistrate Atinuke Adetunji, the Coroner, from continuing the proceedings.
Key Issues Raised
Central to the hospital’s application are two main issues:
- Whether the hospital and its staff can be compelled to give evidence before the deceased’s family presents their case.
- Whether the inquest can lawfully continue after Nkanu’s remains have been cremated.
Nkanu died on January 7, 2026, at Euracare Multi-Specialist Hospital, where he was receiving treatment. His parents subsequently alleged breaches of duty of care in his treatment. Euracare has denied any medical negligence, calling the allegations unfounded.
Hospital’s Arguments
Arguing for Eurapharma, Prof. Taiwo Osipitan, SAN, challenged the coroner’s directive that the hospital present its evidence first. He argued that it was unfair for the hospital to open its case before the family had presented theirs, especially given the allegations of medical incompetence against the hospital. Osipitan contended there was never any agreement for the hospital to lead evidence first, noting that earlier agreements only concerned scheduling, not the order of testimony.
He urged the court to consider the hospital’s right to a fair hearing, arguing that, while a coroner’s inquest is typically inquisitorial, the allegations made it “accusatorial in substance.” He warned that forcing the hospital to begin its evidence could violate its right to fair hearing.
On the issue of the cremation, Osipitan cited Sections 14 and 15 of the Lagos State Coroners System Law, arguing that the coroner’s jurisdiction depends on the presence of the deceased’s body within the district. He maintained that a post-mortem examination is generally necessary to determine the cause of death, but this was now impossible after cremation. Osipitan also pointed out that Section 31, which allows the coroner to forgo inspection in certain circumstances, does not cover cases where the body no longer exists. He further noted that the Lagos State Chief Pathologist had neither conducted a post-mortem nor authorized the cremation. He asked the court to grant the requested orders.
Family’s Response
Kemi Pinheiro, SAN, representing Nkanu’s parents, urged the court to dismiss the application as premature. Pinheiro argued that the coroner had not yet made any substantive determination or decision that could be quashed by the High Court. He characterized the hospital’s suit as an attempt to preempt the inquest, noting that no evidence had been taken and no findings made. He argued that the remedies of certiorari and prohibition only apply where there is a reviewable decision or breach of rights, and that the inquest is a fact-finding, not a criminal, proceeding. Any findings by the coroner would be submitted to executive authorities for further consideration.
On the issue of the body, Pinheiro cited Sections 21 and 31(1) of the Coroners System Law, which permit inquests even when the body is unavailable or destroyed. He emphasized that the law contemplates situations where a body may not be present, and that the coroner’s decision not to view a body cannot be challenged in court.
Attorney-General and Atlantis Respond
The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, also opposed the hospital’s application, describing the judicial review as premature. He argued that the Coroner had not exceeded jurisdiction and that Section 21 of the Coroners System Law gives the coroner discretion to proceed even when the body is unavailable.
Counsel for Atlantis Paediatric Hospital Limited, Dr. Abiodun Layonu, SAN, and Adeniji Kazeem, SAN, also opposed Eurapharma’s application. They noted that the issue of the order of evidence had already been resolved, with the family agreeing to lead evidence first. They further relied on Sections 21 and 40 of the Coroners System Law to support the continuation of the inquest without the deceased’s body.
Awaiting Ruling
After considering arguments from all sides, Justice Opesanwo adjourned the matter for a ruling on October 12, 2026. The outcome will determine whether Eurapharma’s challenges to the conduct and jurisdiction of the inquest will be entertained and whether the coroner can proceed with investigating the circumstances of Nkanu’s death despite the cremation of his remains.
