The hospital tries to stop the investigation into the death of Chimamanda’s son

The Lagos State High Court, sitting at Osborne Foreshore, Ikoyi, has set October 12, 2026, to rule on an application by Eurapharma Care Services Nigeria Limited, operators of the Euracare Multi-Specialist Hospital, seeking to halt the coroner’s inquest into the death of Nkanu, son of Nigerian author Chimamanda Adichie.

Justice Aishat Opesanwo set the date on Monday after hearing arguments on the hospital’s application for orders of certiorari to quash decisions already made in relation to the inquest and restraining Coroner Atinuke Adetunji from proceeding with the investigation.

The hospital disputes the medical examiner’s jurisdiction

Euracare disputes, among other issues, the jurisdiction of the coroner to proceed with the inquest following the cremation of Nkanu’s body.

The hospital’s lawyer, Prof Taiwo Osipitan, SAN, also objected to the proposed witness order, arguing that the hospital and its staff needed to open the case before the family of the deceased presented their allegations.

Osipitan argued that although the coroner’s inquest was inquisitorial in form, it was “accusatory in substance” in the circumstances of the case because allegations of medical negligence had been made against the hospital and its staff.

He argued that requiring the hospital to call its witnesses first could violate his right to a fair trial.

Nigeria’s senior lawyer told the court that Euracare had never agreed to be the first to call witnesses, arguing that a previous agreement between the parties was only about the convenience of hearing dates and not the order in which evidence would be presented.

Cremation is part of the legal discussion

On the issue of jurisdiction, Osepitan relied on sections 14 and 15 of the Lagos State Coroners System Law, arguing that the jurisdiction of the coroner was tied to the presence of the body of the deceased within the relevant coroner’s district.

He argued that determining who died, where the person died, how they died and the cause of death would normally require a post-mortem examination.

According to him, the cremation of Nkanu’s body meant that a post-mortem examination could no longer be conducted, making it difficult to determine the cause of death without what he described as speculation.

Osepitan further argued that section 31 of the Act, which allows the coroner to waive inspection in certain circumstances, did not contemplate a situation where the body no longer existed.

He also told the court that the Lagos State chief pathologist had neither conducted a post-mortem examination nor authorized the cremation.

The hospital’s lawyer therefore urged the court to grant the orders of certiorari and interdiction requested by Euracare.

Lagos AG defends coroner’s powers

However, the Attorney General and Commissioner for Justice, Lagos State, Lawal Pedro, SAN, urged the court to dismiss the hospital’s application.

Pedro argued that the coroner had legal discretion to proceed with an inquest if a body had been destroyed or was unavailable.

He relied on Section 21 of the Lagos State Coroners System Act, which he said empowered the coroner to hold an inquest despite the destruction or unavailability of the body of the deceased.

The attorney general also argued that the hospital’s request for judicial review was premature because, at the time it was filed, the medical examiner had not collected any evidence or testimony.

Pedro argued that the coroner had neither asserted nor exceeded jurisdiction in a way that warranted the intervention of the High Court.

He then urged the court to allow the coroner to exercise the discretion afforded by law as to whether to proceed with the inquest.

The family opposes the hospital’s request

Nkanu’s family lawyer, Kemi Pinheiro, SAN, also urged the court to reject the request, describing it as premature.

Pinheiro argued that certiorari and prohibitions could not be used to compel the High Court to assume jurisdiction over a special proceeding assigned by law to the medical examiner.

He argued that for either remedy to be granted, there must first be a reviewable decision involving a determination of rights or a violation of rights.

According to him, there was no such decision before the court.

Pinheiro also disputed the hospital’s contention that cremating Nkanu’s body would deprive the medical examiner of jurisdiction.

Relying on sections 21 and 31(1) of the Coroner’s System Act, he argued that the provisions allowed the coroner to proceed with an inquest even when no body was available for inspection.

He further argued that Section 31 protects a coroner’s decision not to view or verify the existence of a body from challenge in court.

The lawyer described the investigation as a fact-finding proceeding without a defendant or appellant, stressing that it did not establish criminal guilt nor constitute a trial.

He said the coroner’s findings will ultimately be submitted to the relevant executive authorities, including the Attorney General and the Director of Public Prosecutions, for any further action.

Nkanu died on January 7, 2026 at the Euracare Multi-Specialty Hospital in Lagos.

His parents, Adichie and her husband, Dr Ivara Esege, had alleged prima facie breach of duty of care in their son’s treatment.

Euracare has denied the allegations of medical negligence, calling them inaccurate and unfounded.

Justice Opesanwo subsequently adjourned the case to October 12 to rule on the hospital’s request.