Justice Aishat Opesanwo of the Lagos State High Court sitting in Osborne Foreshore in Ikoyi has fixed October 12, 2026, to rule on a bid by Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, to stop the coroner’s inquest into the death of Nkanu, son of celebrated Nigerian author, Chimamanda Adichie.
The hospital is challenging, among other things, the jurisdiction of the Coroner, Atinuke Adetunji, to proceed with the inquest following the cremation of Nkanu’s body.
Justice Opesanwo fixed the date for Monday after hearing arguments on the hospital’s application for orders of certiorari to quash decisions already made in relation to the inquest and prohibition restraining the coroner from proceeding with the investigation.
Arguing the application, counsel for Euracare, Prof Taiwo Osipitan (SAN), also challenged the proposed order in which witnesses would testify, alleging that the hospital and its personnel were being required to open their case before the deceased’s family presented its allegations.
Osipitan argued that although a coroner’s inquest was inquisitorial in form, it was “accusatorial in substance” in the circumstances of the case because allegations of medical negligence had been made against the hospital and its personnel.
He said requiring the hospital to call its witnesses first could result in a breach of its right to a fair hearing.
The SAN told the court that the hospital had never agreed to be the first to call witnesses, adding that an earlier agreement between the parties related only to the convenience of hearing dates and not the order in which evidence would be presented.
On the question of jurisdiction, Osipitan relied on Sections 14 and 15 of the Lagos State Coroners System Law to argue that the coroner’s jurisdiction was linked 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 ordinarily required a post-mortem examination.
According to him, the cremation of Nkanu’s body meant that a post-mortem examination could no longer be conducted and that determining the cause of death without one could amount to speculation.
Osipitan further argued that Section 31 of the law, which permits a coroner to dispense with inspection in certain circumstances, did not contemplate a situation where the body no longer existed.
He also told the court that the Chief Pathologist of Lagos State had neither conducted a post-mortem examination nor authorised the cremation.
The SAN consequently urged the court to grant the orders of certiorari and prohibition sought by Euracare.
But the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), urged the court to dismiss the application, arguing that the coroner had statutory discretion to proceed with an inquest where a body had been destroyed or was unavailable.
Pedro relied on Section 21 of the Lagos State Coroners System Law, which he said empowered the coroner to conduct an inquest notwithstanding the destruction or unavailability of the deceased’s body.
He also argued that the application for judicial review was premature because, when it was filed, the coroner had not taken any evidence or testimony.
The Attorney-General maintained that the coroner had neither asserted nor exceeded jurisdiction in a manner that warranted the intervention of the High Court.
He urged the court to allow the coroner to exercise the discretion granted by law on whether to proceed with the inquest.
Counsel for Nkanu’s family, Kemi Pinheiro (SAN), also urged the court to dismiss the application, describing it as premature.
Pinheiro argued that certiorari and prohibition could not be used to compel the High Court to assume jurisdiction over a special proceeding assigned by law to the coroner.
He submitted that for either remedy to be granted, there must first be a reviewable decision involving a determination of rights or a breach of rights.
According to him, no such reviewable decision existed before the court.
Pinheiro also disputed the hospital’s contention that the cremation of Nkanu’s body deprived the Coroner of jurisdiction.
Relying on Sections 21 and 31(1) of the Coroners System Law, he argued that the provisions permitted the Coroner to proceed with an inquest even where no corpse was available for inspection.
He further submitted that Section 31 protected a coroner’s decision not to view or verify the existence of a body from being challenged in court.
The lawyer described the inquest as a fact-finding proceeding with no defendant or claimant, stressing that it did not determine criminal guilt or constitute a trial.
He said the findings of the coroner would ultimately be submitted to the appropriate executive authorities, including the Attorney-General and the Director of Public Prosecutions, for any further action.
Justice Opesanwo subsequently adjourned the case until October 12 for ruling on the hospital’s application.
Nkanu died on January 7, 2026, at Euracare Multi-Specialist Hospital in Lagos.
His parents, Adichie and her husband, Dr Ivara Esege, had alleged prima facie breaches of the duty of care in the treatment of their son.
Euracare has denied the allegations of medical negligence, describing them as inaccurate and unfounded.
Source: punchng.com
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