…Court Fixes October 12 to Rule on Euracare’s Bid to Halt Coroner’s Proceedings
The operators of Euracare Multi-Specialist Hospital have asked the Lagos State High Court to stop the coroner’s inquest into the death of Nkanu, the 21-month-old son of celebrated author Chimamanda Ngozi Adichie.
CDA News Nigeria reports that Justice Aishat Opesanwo of the Lagos State High Court in Ikoyi has fixed October 12, 2026, to rule on the application filed by Eurapharma Care Services Nigeria Limited, the operators of Euracare.
CDA News Nigeria gathered that the hospital is seeking an order of certiorari to quash decisions already made in relation to the inquest, and a prohibition restraining the Coroner, Magistrate Atinuke Adetunji, from proceeding with the investigation.
Arguing the application, counsel for Euracare, Prof. Taiwo Osipitan (SAN), raised questions bordering on fair hearing, the order in which witnesses were to testify, and the jurisdiction of the Coroner following the cremation of the deceased’s body.
Osipitan argued that the hospital and its personnel, against whom allegations of medical negligence had been made, were being required to open their case before those who made the allegations had presented theirs. He contended that although a coroner’s inquest was inquisitorial in form, it was “accusatorial in substance” in the circumstances of the case.
On jurisdiction, Osipitan relied on Sections 14 and 15 of the Lagos State Coroners System Law, arguing that the Coroner’s jurisdiction was linked to the presence of the deceased’s body within the relevant coroner district. He submitted that because the body had been cremated, a post-mortem examination could no longer be conducted and the cause of death could not be established without speculation.
Family Urges Court to Dismiss Application
Counsel to the deceased’s family, Kemi Pinheiro (SAN), urged the court to dismiss the hospital’s application, describing it as premature. He argued that the inquest was still at a preliminary stage, with no witness having testified and no substantive finding made by the Coroner.
Pinheiro relied on Sections 21 and 31(1) of the Lagos State Coroners System Law, arguing that the provisions permitted the Coroner to proceed with an inquest even where no corpse was available for inspection. He described the inquest as a fact-finding proceeding with no defendant or claimant, stressing that it did not determine criminal guilt or constitute a trial.
The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), also urged the court to dismiss the application, arguing that the Coroner had statutory discretion to proceed with an inquest even where the body of the deceased had been destroyed or was unrecoverable. He maintained that the application for judicial review was premature because, at the time it was filed, the Coroner had not taken any evidence or testimony.
Background
Nkanu died on January 7, 2026, at Euracare Multi-Specialist Hospital in Lagos. Adichie and her husband, Dr. Ivara Esege, have alleged that the death resulted from medical negligence, including claims relating to sedation procedures, monitoring lapses, and delays in emergency response.
The hospital has denied the allegations of medical negligence, describing them as inaccurate and unfounded. In a statement, Euracare expressed its “deepest sympathies” to the family and said its medical team provided care in line with established clinical protocols and internationally accepted medical standards.
A Medical and Dental Council investigation later found a prima facie case of negligence against three doctors involved in Nkanu’s care.
The decision by Adichie and her husband to cremate their son has become part of the legal dispute, with the hospital challenging the proceedings partly because the child had been cremated before the inquest began.
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