A Lagos State High Court has adjourned a case in which Euracare Multi-Specialist Hospital is seeking to stop a coroner's inquest into the death of Nkanu, son of celebrated Nigerian author Chimamanda Adichie. The court, presided over by Justice Aishat Opesanwo, has fixed October 12, 2026, to rule on the hospital's application. The hospital is challenging the jurisdiction of the Coroner, Atinuke Adetunji, to proceed with the inquest following the cremation of Nkanu's body.
The hospital's counsel, Prof Taiwo Osipitan, argued that the coroner's jurisdiction was linked to the presence of the deceased's body within the relevant coroner district. He submitted that determining the cause of death without a post-mortem examination could amount to speculation. The hospital had never agreed to be the first to call witnesses, adding that an earlier agreement between the parties related only to the convenience of hearing dates and not the order in which evidence would be presented.
The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, urged the court to dismiss the application, arguing that the coroner had statutory discretion to proceed with an inquest where a body had been destroyed or was unavailable. Pedro relied on Section 21 of the Lagos State Coroners System Law, which empowers the coroner to conduct an inquest notwithstanding the destruction or unavailability of the deceased's body.
Counsel for Nkanu's family, Kemi Pinheiro, also 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 assume jurisdiction over a special proceeding assigned by law to the coroner. He submitted that for either remedy to be granted, there must first be a reviewable decision involving a determination of rights or a breach of rights.
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. 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 with the investigation was heard by the court.
The coroner's inquest is a fact-finding proceeding with no defendant or claimant, stressing that it does not determine criminal guilt or constitute a trial. The findings of the coroner would ultimately be submitted to the appropriate 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 the hospital's application. Three key points were raised in the case: the hospital's challenge to the coroner's jurisdiction, the order in which witnesses would testify, and the impact of the cremation of Nkanu's body on the inquest.
Key points
- The Lagos State High Court has adjourned a case in which Euracare Multi-Specialist Hospital is seeking to stop a coroner's inquest into the death of Nkanu, son of celebrated Nigerian author Chimamanda Adichie.
- The hospital is challenging the jurisdiction of the Coroner, Atinuke Adetunji, to proceed with the inquest following the cremation of Nkanu's body.
- The court has fixed October 12, 2026, to rule on the hospital's application.
