The Lagos State High Court sitting in Ikoyi has fixed October 12 to rule on an application seeking to stop the coroner’s inquest into the death of Nkanu, the son of renowned Nigerian author Chimamanda Adichie.
Justice Aishat Opesanwo set the date after hearing arguments from Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, and other parties involved in the case.
Nkanu died at the hospital on January 7, 2026, during medical procedures. His family has alleged breaches of the duty of care in the treatment of their son, while Euracare has denied the allegations, describing them as inaccurate and unfounded.
The hospital is asking the court to quash decisions already taken in connection with the inquest and prevent Magistrate Atinuke Adetunji, the Coroner, from continuing with the proceedings.
Representing Eurapharma, Senior Advocate of Nigeria, Prof. Taiwo Osipitan, raised concerns about fair hearing, the proposed sequence of witnesses and the Coroner’s jurisdiction following the cremation of the deceased’s body.
Osipitan argued that the hospital and its medical personnel, who are facing allegations of negligence, could be placed at a disadvantage if they are required to present their case before the parties making the allegations have fully presented theirs.
He acknowledged that a coroner’s inquest is inquisitorial in nature but argued that, in this particular case, it had effectively become “accusatorial in substance” because the deceased’s family had alleged that medical negligence contributed to his death.
The lawyer also questioned whether the Coroner could continue determining the circumstances and cause of death after the body had been cremated.
Relying on Sections 14 and 15 of the Lagos State Coroners System Law, Osipitan argued that the Coroner’s jurisdiction was connected to the presence of the deceased’s body within the relevant coroner district.
He further submitted that determining the identity of a deceased person, where and how the person died, and the cause of death would ordinarily involve a post-mortem examination.
According to him, the cremation of Nkanu’s body means such an examination can no longer take place, raising concerns about whether the cause of death could be established without speculation.
He therefore urged the court to grant the orders of certiorari and prohibition sought by the hospital.
However, Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, asked the court to reject the application.
Pedro argued that the law gives the Coroner discretion to conduct an inquest even when a deceased person’s body has been destroyed or cannot be recovered.
He relied on Section 21 of the Lagos State Coroners System Law, arguing that the provision allows an inquest to proceed despite the absence or destruction of a body.
The Attorney-General also argued that the hospital’s application was premature because, when it was filed, the Coroner had not yet taken evidence or heard testimony.
He maintained that the Coroner had not acted outside the scope of the jurisdiction granted by law and should therefore be allowed to determine whether the inquest should proceed.
Counsel to Nkanu’s family, Kemi Pinheiro, SAN, also urged the court to dismiss the hospital’s application.
Pinheiro argued that the judicial review proceedings were premature and that the remedies being sought by the hospital could not be used to prevent a special proceeding that the law had assigned to the Coroner.
He also rejected the argument that the cremation of the body automatically deprived the Coroner of jurisdiction.
Relying on Sections 21 and 31(1) of the Coroners System Law, Pinheiro argued that the law permits an inquest to continue even where there is no corpse available for examination.
He further submitted that the law protects certain decisions by a Coroner not to view or verify the existence of a body from being challenged in court.
Pinheiro described the inquest as a fact-finding exercise rather than a criminal trial, stressing that it does not determine guilt or have a defendant and claimant in the conventional sense.
He said any findings reached by the Coroner would be forwarded to the appropriate executive authorities, including the Attorney-General and Director of Public Prosecutions, for consideration of any further action.
The legal dispute follows Nkanu’s death at Euracare Multi-Specialist Hospital in Lagos on January 7, 2026.
His parents, Chimamanda Adichie and Dr Ivara Esege, have alleged that there were prima facie breaches of the duty of care during their son’s treatment.
Euracare has denied the allegations of medical negligence and maintained that the claims against the hospital are inaccurate and unfounded.
The court is now expected to determine on October 12 whether the application to halt the inquest should be granted or dismissed.
