The Lagos State High Court has dismissed a suit by Eurapharma Care Services Nigeria Limited, operator of Euracare Multi-Specialist Hospital, seeking to halt a coroner’s inquest into the death of Nkanu Adichie-Esege, the 21-month-old son of celebrated Nigerian writer Chimamanda Adichie and her husband, Ivara Esege.
Justice Aishat Opesanwo, sitting at the Lagos State High Court in Ikoyi, ruled on Monday that the absence of the toddler’s body would not, by itself, prevent the coroner from investigating the circumstances surrounding his death.
The ruling, reported by Channels Television, clears the way for the inquest to proceed despite the hospital’s objections to the investigation.
Eurapharma had argued that the cremation of the child’s remains had made a post-mortem examination impossible, raising concerns that the inquest could rely on speculation rather than conclusive medical evidence.
The hospital also challenged a directive requiring its medical personnel to present evidence before other parties, arguing that the arrangement violated its right to a fair hearing.
However, the judge rejected the hospital’s attempt to use judicial review to stop the proceedings, emphasising that a coroner’s inquest is a fact-finding exercise rather than a criminal or civil trial.
“A coroner’s inquest is a fact-finding inquiry… It is not a trial. No one is on trial in a coroner’s court,” the judge said.
Justice Opesanwo referred to Section 15(2) of the Lagos State Coroners’ System Law, which provides for a compulsory inquest in circumstances covered by the provision involving deaths in medical facilities.
She also held that the coroner had the statutory discretion to determine the sequence in which witnesses and evidence would be presented.
On the absence of the child’s body, the court considered provisions of the law allowing an inquest to proceed where a body has been destroyed or cannot be recovered.
Lawyers Clash Over Order of Evidence
During the proceedings, the family’s lawyer, Kemi Pinheiro, a Senior Advocate of Nigeria, urged the court to dismiss the hospital’s suit, describing it as premature.
At the hearing on September 28, Pinheiro argued that the coroner had yet to receive witness testimony or make any substantive finding that could be challenged through judicial review.
He maintained that Eurapharma was asking the High Court to overturn a decision that had not yet been made.
The Lagos State Attorney-General, Lawal Pedro, also a SAN, urged the court to strike out the suit.
Abiodun Layonu and Adeniji Kazeem, both SANs representing Atlantis Paediatric Hospital Limited, supported the objections to the application.
Layonu told the court that the sequence of evidence presentation had been discussed during proceedings before the coroner on April 14, when it was agreed that the family would present its evidence first.
However, Eurapharma’s counsel, Taiwo Osipitan, SAN, insisted that the hospital should not be required to present its evidence before the family had led evidence in support of its allegations of medical negligence.
How the Dispute Began
Nkanu died on January 7 after receiving treatment at Atlantis Paediatric Hospital before being referred to Euracare Multi-Specialist Hospital in Victoria Island, Lagos.
His parents subsequently raised allegations of medical negligence, questioning aspects of his treatment, including sedation, oxygen administration, monitoring and the hospital’s emergency response.
Euracare has denied wrongdoing, maintaining that its medical personnel followed standard procedures and that the child arrived at its facility in a critical condition.
The Lagos State Government initiated the coroner’s inquest to establish the circumstances surrounding the toddler’s death.
In June, the High Court granted Eurapharma leave to challenge the proceedings and temporarily suspended the inquest pending the determination of its application.
Separately, in March, the Medical and Dental Practitioners Investigation Panel suspended the hospital’s medical director and two doctors after finding a prima facie case of medical negligence. The finding was not a final determination of liability.
Monday’s ruling removes the legal obstacle created by Eurapharma’s suit, allowing the coroner’s inquest to proceed and investigate the circumstances surrounding Nkanu’s death.
