Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, has asked the Lagos State High Court to halt the coroner’s inquest into the death of Nkanu, son of celebrated Nigerian author, Chimamanda Adichie.
The Punch reported that Justice Aishat Opesanwo of the Lagos State High Court sitting in Osborne Foreshore, Ikoyi, on Monday fixed October 12, 2026, to rule on the hospital’s application seeking to stop the inquest.
The hospital is challenging the jurisdiction of the Coroner, Atinuke Adetunji, to continue with the proceedings, following the cremation of Nkanu’s body.
Euracare is seeking orders of certiorari to quash decisions already made in connection with the inquest and prohibition to prevent the coroner from proceeding with the investigation.
Arguing the application, counsel for Euracare, Prof Taiwo Osipitan (SAN), also objected to the proposed order of appearance of witnesses, alleging that the hospital and its personnel were being asked to present their case before the deceased’s family made 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 submitted that compelling the hospital to call its witnesses first could infringe on its right to a fair hearing.
The Senior Advocate of Nigeria said Euracare had never agreed to be the first to call witnesses, explaining that an earlier agreement between the parties concerned only the convenience of hearing dates and not the sequence in which evidence would be presented.
On the issue of jurisdiction, Osipitan relied on Sections 14 and 15 of the Lagos State Coroners System Law, arguing that the coroner’s jurisdiction was connected to the presence of the deceased’s body within the relevant coroner district.
He said determining who died, where the person died, how the person died and the cause of death would ordinarily require a post-mortem examination.
According to him, the cremation of Nkanu’s body made a post-mortem examination impossible and that determining the cause of death without one could amount to speculation.
Osipitan further argued that Section 31 of the law, which allows a coroner to dispense with inspection in certain circumstances, did not cover a situation in which the body no longer existed.
He also told the court that the Chief Pathologist of Lagos State neither conducted a post-mortem examination nor authorised the cremation.
The lawyer consequently urged the court to grant the orders of certiorari and prohibition sought by Euracare.
However, the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), urged the court to dismiss the application.
Pedro argued that the coroner had statutory discretion to proceed with an inquest even where the deceased’s body had been destroyed or was unavailable.
He 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.
The Attorney-General also contended that the hospital’s judicial review application was premature because, at the time it was filed, the coroner had not taken any evidence or testimony.
Pedro maintained that the coroner had neither asserted nor exceeded her 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), similarly urged the court to dismiss the hospital’s 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 either remedy could only be granted where there was a reviewable decision involving a determination of rights or a breach of rights.
According to him, no such reviewable decision existed at the time.
Pinheiro also rejected Euracare’s argument that the cremation of Nkanu’s body stripped the coroner of jurisdiction.
Relying on Sections 21 and 31(1) of the Coroners System Law, he argued that the provisions allowed the Coroner to proceed with an inquest even where there was no corpse 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 amount to a trial.
He said the coroner’s findings would eventually be submitted to relevant 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 Euracare’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.
