By Opeyemi Adelakun
The Lagos State High Court sitting in Osborne Foreshore, Ikoyi, has fixed October 12, 2026, to rule on an application by Eurapharma Care Services Nigeria Limited, the operator of Euracare Multi-Specialist Hospital, seeking to stop the coroner’s inquest into the death of Nkanu, son of author Chimamanda Adichie.
Justice Aishat Opesanwo fixed the date after hearing arguments on the hospital’s request for judicial orders to nullify decisions already taken in connection with the inquest and prevent Coroner Atinuke Adetunji from continuing with the proceedings.
Euracare is challenging the coroner’s jurisdiction, particularly following the cremation of Nkanu’s body.
Its counsel, Prof Taiwo Osipitan, SAN, also opposed the proposed sequence for calling witnesses, arguing that the hospital and its personnel were being asked to present evidence before the deceased’s family had formally put forward its allegations.
Osipitan told the court that while a coroner’s inquest was inquisitorial by nature, the circumstances surrounding the case had made it “accusatorial in substance” because the hospital and its personnel had been accused of medical negligence.
He argued that making the hospital call its witnesses first could compromise its right to a fair hearing.
The lawyer also said Euracare had not agreed to be the first party to present witnesses, explaining that an earlier agreement between the parties was limited to fixing convenient hearing dates.
On the jurisdictional question, Osipitan cited Sections 14 and 15 of the Lagos State Coroners System Law.
He argued that the law ordinarily ties the coroner’s jurisdiction to the presence of the deceased’s body within the relevant district and that determining the cause of death would normally require a post-mortem examination.
According to him, the cremation of Nkanu’s body meant that such an examination could no longer be conducted.
He further argued that Section 31 of the law, which permits a coroner to dispense with physical inspection in some circumstances, did not cover a case where the body was no longer in existence.
Osipitan also told the court that the Chief Pathologist of Lagos State had neither performed a post-mortem examination nor authorised the cremation.
He consequently urged Justice Opesanwo to grant Euracare’s requests.
But the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, opposed the application.
Pedro argued that the Coroner’s System Law gives the coroner discretion to conduct an inquest even where the deceased’s body has been destroyed or is unavailable.
Citing Section 21 of the law, he maintained that the coroner could proceed with the investigation despite the absence of the body.
The Attorney-General further argued that Euracare’s judicial review application was premature because the coroner had not taken evidence or received testimony when the application was filed.
He maintained that there had been no excess of jurisdiction requiring the High Court’s intervention.
Counsel for Nkanu’s family, Kemi Pinheiro, SAN, also urged the court to reject the hospital’s application.
Pinheiro argued that the remedies of certiorari and prohibition could not be used to transfer to the High Court a special proceeding assigned by law to the coroner.
He said the remedies required an existing reviewable decision involving the determination of rights or a breach of rights, which he said was absent in the circumstances.
Pinheiro also disputed Euracare’s argument that the cremation had deprived the coroner of jurisdiction.
He relied on Sections 21 and 31(1) of the Lagos State Coroners System Law to argue that an inquest could proceed even where a corpse was unavailable for inspection.
He further maintained that Section 31 protected the coroner’s decision not to inspect or verify the existence of a body from judicial challenge.
According to Pinheiro, the inquest is a fact-finding exercise and not a criminal trial, meaning it has neither a defendant nor a claimant.
He said the coroner’s findings would be submitted to relevant authorities, including the Attorney-General and the Director of Public Prosecutions, for consideration of any subsequent action.
Following the arguments, Justice Opesanwo adjourned the matter until October 12 for ruling.
Nkanu died on January 7, 2026, at Euracare Multi-Specialist Hospital in Lagos.
His parents, Chimamanda Adichie and Dr Ivara Esege, have alleged a prima facie breach of duty of care in the treatment of their son.
Euracare has denied the allegations, describing the claims of medical negligence as inaccurate and unfounded.
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