A Lagos State High Court sitting in Ikoyi has cleared the way for a coroner’s inquest into the death of Nkanu Adichie-Esege, the 21-month-old son of Nigerian author Chimamanda Ngozi Adichie, after dismissing a suit by the hospital where he died.
Justice Aishat Opesanwo struck out the application filed by Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, which challenged the coroner’s authority to proceed following the child’s cremation.
The hospital had argued that the absence of the body for a conventional post-mortem examination could make the inquest speculative. It also challenged the proposed sequence for receiving evidence, particularly the requirement for medical personnel involved in the child’s treatment to testify before the family formally presented its case.
However, the judge held that the coroner’s jurisdiction depended on the circumstances of the death and the relevant provisions of the Lagos State Coroners System Law, not on whether the body remained physically available.
Opesanwo said the hospital had failed to establish that the conditions for conducting an inquest under Section 15 of the law had not been met. She added that the law did not require the deceased’s body to remain within the coroner’s district when the inquiry was held.
“I am not persuaded by the submission made by the applicant’s counsel that the cremation of the body means the inquest and its conclusion will be predicated on speculation and conjecture,” the judge said.
She described the hospital’s concerns about the possible outcome of the proceedings as premature, noting that the inquest had yet to commence formally.
“What is obvious is that the applicant is concerned with future occurrences, which is the outcome of the inquest,” she said.
The judge stressed that a coroner’s inquest was a fact-finding exercise intended to establish the circumstances surrounding a death, rather than a trial to determine criminal guilt or civil liability.
“It is not a trial; no one is on trial in a coroner’s court,” she said, adding that the process was inquisitorial and not designed to apportion blame or punish any party.
The court also rejected the hospital’s argument that the order for receiving evidence breached its right to fair hearing under Section 36 of the 1999 Constitution, as amended.
Opesanwo held that the coroner had the discretion to determine the sequence in which witness statements and other evidence would be received. She said disagreement with the exercise of that discretion did not, by itself, establish a breach of fair hearing.
The court upheld preliminary objections raised by the respondents and struck out the hospital’s substantive application.
Nkanu died on January 7, 2026, at Euracare Multi-Specialist Hospital in Lagos. His death prompted a Lagos State Government investigation into the circumstances surrounding his treatment.
Adichie and her husband, Dr Ivara Esege, have raised allegations of medical negligence relating to the treatment their son received, while Euracare has denied wrongdoing and maintained that its medical personnel acted appropriately.
The dispute over the inquest intensified after the child’s body was cremated, prompting Eurapharma to challenge the coroner’s authority to continue without the possibility of a conventional post-mortem examination.
The Lagos State Government and the family opposed the hospital’s application, arguing that the law permitted an inquest where a body had been destroyed or could not be recovered. They also maintained that the proceedings were investigative and that the hospital’s challenge was premature.
Monday’s ruling does not determine whether medical negligence occurred or establish liability on the part of any individual or institution. The inquest is expected to examine the circumstances of Nkanu’s death within the scope of the applicable law.
Discussion0