By Emmanuel Daniji

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 Ngozi Adichie.

Justice Aishat Opesanwo, sitting at the Osborne Foreshore in Ikoyi, fixed the date after hearing arguments from Euracare, the Lagos State Government and Nkanu’s family.

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

Arguing for Euracare, Prof Taiwo Osipitan (SAN) said the cremation meant a post-mortem examination could no longer be carried out, making it impossible, in the hospital’s view, to reliably establish 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.

The senior lawyer also challenged the order in which witnesses were expected to testify, arguing that Euracare and its personnel were being asked to present their evidence before Nkanu’s family had fully presented its allegations.

Although a coroner’s inquest is inquisitorial rather than a conventional criminal trial, Osipitan argued that the proceedings had become “accusatorial in substance” 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 affect the hospital’s right to a fair hearing. He also told the court that Euracare had never agreed to present its witnesses first, saying an earlier agreement between the parties only concerned convenient dates for the hearing.

Osipitan further relied on Section 31 of the Coroners System Law, which allows a coroner to dispense with inspection in certain circumstances. He argued that the provision did not contemplate a situation where the deceased’s body no longer existed.

He also told the court that the Chief Pathologist of Lagos State neither conducted a post-mortem examination nor authorised the cremation, urging the court to grant Euracare’s application.

But Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), opposed the application and urged the court to allow the inquest to continue.

Pedro relied on Section 21 of the Lagos State Coroners System Law, arguing that the provision gives a coroner discretion to conduct an inquest even where a body has been destroyed or is otherwise unavailable.

He also described Euracare’s judicial review application as premature, arguing that the coroner had not taken any evidence or testimony when the hospital approached the court.

Counsel to Nkanu’s family, Kemi Pinheiro (SAN), also urged the court to dismiss the application.

Pinheiro argued that there was no reviewable decision involving a determination or breach of rights that could justify the orders being sought by Euracare. He also rejected the argument that the cremation had stripped 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.

He stressed that a coroner’s inquest is primarily a fact-finding process and not a criminal trial. According to him, the coroner does not determine the guilt of any party, while any eventual findings can be forwarded to relevant authorities, including the Attorney-General and the Director of Public Prosecutions, for further action where necessary.

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, Chimamanda Adichie and Dr Ivara Esege, have alleged 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 competing claims remain allegations, and the court has yet to determine liability for Nkanu’s death.