Lagos hospital seeks to stop inquest into author Chimamanda son’s death

The Lagos State High Court has fixed October 12, 2026, to rule on an application by Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, seeking to stop the coroner’s inquest into the death of Nkanu, son of celebrated Nigerian author Chimamanda Adichie. Justice Aishat Opesanwo, sitting at Osborne Foreshore in Ikoyi, fixed the date after hearing arguments from the hospital, the Lagos State Government and Nkanu’s family.

Euracare is challenging the jurisdiction of Coroner Atinuke Adetunji to continue the inquest following the cremation of Nkanu’s body. The hospital is seeking orders of certiorari to quash decisions already taken in connection with the proceedings and prohibition to prevent the coroner from continuing the investigation.

Representing Euracare, Prof Taiwo Osipitan (SAN) argued that the cremation meant a post-mortem examination could no longer be conducted, making it impossible, in the hospital’s view, to reliably determine the cause of death. Relying on Sections 14 and 15 of the Lagos State Coroners System Law, Osipitan argued that the coroner’s jurisdiction was connected to the presence of the deceased’s body within the relevant coroner district.

He also challenged the proposed order in which witnesses would testify, alleging that Euracare and its personnel were being required to present their evidence before Nkanu’s family set out its allegations. Although a coroner’s inquest is inquisitorial in form, Osipitan argued that the proceeding was “accusatorial in substance” in this case because allegations of medical negligence had been made against the hospital and its personnel.

He maintained that requiring Euracare to call its witnesses first could breach its right to a fair hearing. According to him, the hospital had never agreed to present its witnesses first, with an earlier agreement between the parties relating only to convenient hearing dates. Osipitan further argued that Section 31 of the Coroners System Law, which allows a coroner to dispense with inspection in certain circumstances, did not envisage a situation in which the body no longer existed.

He told the court that the Chief Pathologist of Lagos State had neither conducted a post-mortem examination nor authorised the cremation and urged the court to grant Euracare’s application. Lagos State Attorney-General and Commissioner for Justice Lawal Pedro (SAN), however, opposed the application and urged the court to allow the inquest to proceed.

Pedro relied on Section 21 of the Lagos State Coroners System Law, arguing that it gives a coroner discretion to conduct an inquest even when a body has been destroyed or is otherwise unavailable. He also described Euracare’s application for judicial review as premature, arguing that the coroner had not taken any evidence or testimony when the application was filed.

Counsel for Nkanu’s family, Kemi Pinheiro (SAN), similarly urged the court to dismiss the application as premature.

Pinheiro argued that no reviewable decision involving a determination or breach of rights had been made to justify the orders sought by the hospital. He also rejected Euracare’s argument that the cremation deprived the coroner of jurisdiction, relying on Sections 21 and 31(1) of the law to argue that an inquest could proceed even when a corpse was unavailable for inspection.

Pinheiro stressed that a coroner’s inquest is a fact-finding process rather than a criminal trial and does not determine the guilt of any party. He said the coroner’s eventual findings would be forwarded to the relevant authorities, including the Attorney-General and Director of Public Prosecutions, for any further action. Justice Opesanwo subsequently adjourned the matter until October 12 for ruling.

Nkanu died at Euracare Multi-Specialist Hospital in Lagos on January 7, 2026. His parents, Adichie and her husband, Dr Ivara Esege, have alleged breaches of the duty of care in the treatment of their son. Euracare has denied allegations of medical negligence, describing them as inaccurate and unfounded. The competing claims remain allegations, and the court has not determined liability for Nkanu’s death.