Nigerian author Chimamanda Adichie and her husband, Ivara Esege, have asked the Lagos State High Court to dismiss a suit by Eurapharma Care Services Nigeria Limited. The suit seeks to stop the coroner's inquest into the death of their son, Nkanu Adichie-Esege. The 21-month-old twin died in January under controversial circumstances at Eurapharma's Euracare Multi-Specialist Hospital in Victoria Island, Lagos. The couple's lawyer, Kemi Pinheiro, a Senior Advocate of Nigeria, argued that Eurapharma's application was premature.
The coroner had not made any decision that could be challenged by way of judicial review, Mr Pinheiro told the court. He likened the case to a "Usain Bolt/Ben Johnson suit", arguing that the court could not be asked to review or quash a decision that did not yet exist. The inquest was still at a preliminary stage, with no witness having testified and no substantive finding made by the coroner. Eurapharma is seeking orders of certiorari and prohibition against the coroner's proceedings.
Eurapharma also challenged a directive requiring it to commence its evidence at the inquest. The company argued that the inquest cannot continue because Nkanu's remains were cremated before the proceedings. However, Mr Pinheiro relied on Section 21 of the Lagos State Coroners' System Law, which provides for an inquest where a body has been destroyed or cannot be recovered. He also referred to Section 31(1) of the law.
The Lagos State Attorney-General, Lawal Pedro, a Senior Advocate of Nigeria, urged the court to strike out the suit. Lawyers to Atlantis Paediatric Hospital Limited, Abiodun Layonu, a Senior Advocate of Nigeria, and Adeniji Kazeem, a Senior Advocate of Nigeria, supported the preliminary objections. Mr Layonu told the court that Eurapharma's complaint about the order of evidence had already been addressed during proceedings before the coroner on 14 April.
The dispute arose from Eurapharma's application for judicial review of the coroner's proceedings. In June, the Lagos State High Court granted the company leave to challenge the proceedings and ordered a temporary stay of the inquest pending the determination of the application. Eurapharma had argued that the coroner lacked jurisdiction to continue with the inquest because Nkanu's remains had been cremated.
The Lagos State Government instituted the coroner's inquest following the death of Nkanu on 7 January after treatment at Atlantis Pediatric Hospital. The child was subsequently referred to Euracare Multi-Specialist Hospital in Victoria Island, Lagos, where he later died. Mrs Adichie and Mr Esege have alleged that the death resulted from medical negligence, including claims relating to sedation procedures, monitoring lapses, and delays in emergency response during treatment.
Justice A.O. Opesanwo reserved ruling on the preliminary objections until 12 October. The Medical and Dental Practitioners Investigation Panel suspended Euracare's medical director and two doctors after finding a prima facie case of medical negligence. The disciplinary and legal processes arising from the case remain ongoing.
Key points
- Chimamanda Adichie and her husband urge court to dismiss Eurapharma's suit against the coroner's inquest into their son's death.
- The inquest was instituted following the death of Nkanu Adichie-Esege, who died under controversial circumstances at Eurapharma's Euracare Multi-Specialist Hospital.
- The court will rule on the preliminary objections on 12 October.
