Justice Aishat Opesanwo of the Lagos Declare High Court sitting in Osborne Foreshore in Ikoyi has stable October 12, 2026, to principle on a bid by Eurapharma Care Services Nigeria Modest, operators of Euracare Multi-Authority Hospital, to halt the coroner’s inquest into the death of Nkanu, son of celebrated Nigerian contributor, Chimamanda Adichie.
The hospital is challenging, within other things, the jurisdiction of the Coroner, Atinuke Adetunji, to promote together with the inquest following the cremation of Nkanu’s body.
Justice Opesanwo constant the date for Monday subsequent to 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 together with the examination.
Arguing the application, recommend for Euracare, Prof Taiwo Osipitan (SAN), furthermore challenged the proposed arrangement in which witnesses would testify, alleging that the hospital and its personnel were being required to transparent their case earlier than the deceased’s family presented its allegations.
Osipitan argued that even even though a coroner’s inquest was inquisitorial in create, it was “accusatorial in substance” in the circumstances of the case given that allegations of medical negligence had been made against the hospital and its personnel.
He said requiring the hospital to refer to its witnesses initial could finding in a breach of its right to a impartial hearing.
The SAN told the court that the hospital had at no time agreed to be the primary to name witnesses, adding that an earlier agreement amid the parties linked just to the convenience of hearing dates and not the organization in which evidence would be presented.
On the inquiry of jurisdiction, Osipitan relied on Sections 14 and 15 of the Lagos Declare Coroners Framework Law to contend that the coroner’s jurisdiction was linked to the presence of the deceased’s body in the linked coroner district.
He submitted that determining who died, where the party died, how the party died, and the cause of death ordinarily required a publish-mortem examination.
According to him, the cremation of Nkanu’s body meant that a share-mortem examination could no longer be conducted and that determining the cause of death lacking one could quantity to speculation.
Osipitan continued argued that Segment 31 of the law, which permits a coroner to dispense alongside inspection in sure circumstances, did not contemplate a condition where the body no longer existed.
He additionally told the court that the Chief Pathologist of Lagos Declare had neither conducted a upload-mortem examination nor authorised the cremation.
The SAN therefore urged the court to grant the orders of certiorari and prohibition sought by Euracare.
But the Lagos Situation Attorney-Extensive and Commissioner for Justice, Lawal Pedro (SAN), urged the court to dismiss the application, arguing that the coroner had statutory discretion to continue including an inquest where a body had been destroyed or was unavailable.
Pedro relied on Element 21 of the Lagos Status Coroners Structure Law, which he said empowered the coroner to conduct an inquest notwithstanding the destruction or unavailability of the deceased’s body.
He additionally argued that the application for judicial evaluation was premature owing to the reality that, 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 method that warranted the intervention of the High Court.
He urged the court to enable the coroner to exercise the discretion granted by law on whether to advance forward including the inquest.
Recommend for Nkanu’s family, Kemi Pinheiro (SAN), moreover 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 presume jurisdiction over a significant proceeding assigned by law to the coroner.
He submitted that for either remedy to be granted, there must primary be a reviewable decision involving a determination of rights or a breach of rights.
According to him, no such reviewable decision existed earlier than the court.
Pinheiro additionally 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 Framework Law, he argued that the provisions permitted the Coroner to continue alongside an inquest even where no corpse was available for inspection.
He continued submitted that Component 31 shielded a coroner’s decision not to opinion or inspect the existence of a body from being challenged in court.
The lawyer described the inquest as a truth-finding proceeding alongside no defendant or claimant, stressing that it did not determine criminal guilt or outline a trial.
He said the findings of the coroner would at remain be submitted to the fitting executive authorities, including the Attorney-Universal and the Leader of People Prosecutions, for any further measure.
Justice Opesanwo subsequently adjourned the case till October 12 for ruling on the hospital’s application.
Nkanu died on January 7, 2026, at Euracare Multi-Professional 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: Hospital seeks to stop inquest into Chimamanda son’s death
