Dr Ivara Esege and award-winning author Chimamanda Adichie have asked the Lagos State High Court to dismiss a suit by Eurapharma Care Services Nigeria Limited. The hospital is 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, argue that the hospital's judicial review application is premature.
Pinheiro described his clients as "the most aggrieved Respondents" and likened Eurapharma's action to a "Usain Bolt/Ben Johnson" suit. He argued that the hospital approached the court before the coroner had reached any substantive decision. Pinheiro's submissions were part of a preliminary objection in Suit No. LD/7069MJR/2026, before Justice A.O. Opesanwo of the Lagos State High Court.
Eurapharma is seeking orders of certiorari and prohibition to challenge the coroner's proceedings. The hospital wants a directive requiring it to commence its evidence in the inquest. Eurapharma also challenged the continuation of the inquest following the cremation of Nkanu's remains. The hospital contends 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. 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 premature because there was no decision or determination for the High Court to review.
Pinheiro cited Section 21 of the Lagos State Coroners' System Law, which 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 absence of the remains did not extinguish the coroner's jurisdiction.
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. 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. The inquest's outcome may provide clarity on the circumstances surrounding Master Nkanu Adichie-Esege's death.
Key points
- The Lagos State High Court will decide on Eurapharma Care Services Nigeria Limited's suit seeking to halt the coroner's inquest into the death of Chimamanda Adichie's son.
- Dr Ivara Esege and Chimamanda Adichie have urged the court to dismiss the hospital's suit, citing premature judicial review proceedings.
- The coroner's inquest may proceed despite the cremation of the remains, as the Lagos State Coroners' System Law permits an inquest even where a body cannot be recovered.
