Award-winning author Chimamanda Adichie and her husband, Dr. Ivara Esege, have urged a Lagos State High Court to dismiss a suit by Eurapharma Care Services Nigeria Limited seeking to halt the coroner's inquest into the death of their son, Master Nkanu Adichie-Esege. The couple, through their counsel, Kemi Pinheiro, SAN, described the hospital's judicial review application as premature. Pinheiro argued that the coroner had made no decision or determination of rights capable of being quashed by the High Court.
Pinheiro likened Eurapharma's action to a "Usain Bolt/Ben Johnson" suit, arguing that the hospital approached the court before the coroner had reached any substantive decision. His submissions formed part of a preliminary objection in Suit No. LD/7069MJR/2026, before Justice A.O. Opesanwo of the Lagos State High Court. Pinheiro stressed that judicial review could not be invoked to pre-empt proceedings that had not produced any substantive decision.
Eurapharma is seeking orders of certiorari and prohibition to challenge the coroner's proceedings, including a directive requiring the hospital to commence its evidence in the inquest. The hospital has also challenged the continuation of the inquest following the cremation of Nkanu's remains, contending that the absence of the body makes the conduct of the inquest impossible.
Pinheiro argued that the proceedings being challenged were merely preliminary and procedural, stressing that no witness had been called, no evidence had been taken and no substantive finding had been made by the coroner. He submitted that the judicial review proceedings were therefore premature because there was no decision or determination for the High Court to review.
Citing Section 21 of the Lagos State Coroners' System Law, Pinheiro argued that the legislation expressly contemplates the conduct of an inquest where a body has been destroyed or cannot be recovered. He also relied on Section 31(1) of the Coroners' System Law, empowering the coroner to view the body "if any".
The Lagos State Attorney-General, Lawal Pedro, SAN, and counsel to Atlantis Paediatric Hospital Limited, Dr. Abiodun Layonu, SAN, and Adeniji Kazeem, SAN, also urged the court to strike out the suit based on a preliminary objection. They argued that the issue raised by Eurapharma had already been addressed during proceedings before the coroner on April 14, 2026.
The court will determine whether to dismiss Eurapharma's suit and allow the inquest to proceed. Key parties have argued that the inquest can proceed even in the absence of the body. The case has significant implications for the interpretation of the Lagos State Coroners' System Law.
Key points
- The Lagos State High Court will decide on Eurapharma's suit.
- The hospital argues that the inquest cannot proceed without the body.
- The family and other parties argue that the inquest can proceed under the Coroners' System Law.
