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Lagos High Court Rejects Hospital’s Bid to Halt Coroner’s Inquest into Death of Nkanu Esege The Lagos State High Court, sitting at Osborne Foreshore in Ikoyi, dismissed on Monday an application by Eurapharma Care Services Nigeria Limited, the operators of Euracare Multi‑Specialist Hospital, to stop the coroner’s inquest into the death of Nkanu Esege, son of author Chimamanda Adichie and her husband Dr. Ivara Esege. Justice Aishat Opesanwo struck out the application after holding that the coroner was legally required to conduct the inquest and that the cremation of the deceased’s body did not invalidate the inquiry. She noted that the inquest is a statutory fact‑finding exercise, not a trial. At the last hearing on 28 September 2026, the judge had adjourned the case to 12 October 2026 to rule on Euracare’s application after hearing arguments from all parties. Euracare had challenged the jurisdiction of the coroner, arguing that the absence of the body within the coroner’s district deprived the coroner of authority to conduct the inquest. The hospital also questioned the coroner’s decision to proceed with the inquest after the body’s cremation and the order in which evidence was to be received. The application named the coroner, Atinuke Adetunji; the Lagos Coroner’s District Court; the Chief Coroner of Lagos State; the Lagos State Attorney‑General and Commissioner for Justice, Lawal Pedro (SAN); Dr. Ivara Esege; Chimamanda Adichie; and Atlantis Paediatric Hospital Limited. Euracare also challenged the coroner’s receipt of statements and evidence from medical personnel and other witnesses associated with the facility where the deceased had been treated. Justice Opesanwo said the application was based on a misunderstanding of the nature and purpose of a coroner’s inquest. She explained that the proceedings are inquisitorial rather than adversarial, with the coroner and interested parties seeking answers about the circumstances surrounding a death. “It is not a trial; no one is on trial in a coroner’s court,” she said. In determining jurisdiction, the judge relied on Section 15 of the Coroners System Law of Lagos State, 2007, which requires an inquest whenever a death within the coroner’s district occurs under specified circumstances. She noted that the provision leaves no discretion for the coroner to refuse an inquest once the statutory conditions are met. The judge also referred to Section 20, which requires a coroner to hold an inquest on a body found within its jurisdiction, regardless of where the cause of death occurred. She held that neither provision supported Euracare’s argument that the body’s absence on the date of the inquest invalidated the coroner’s jurisdiction. Euracare’s counsel argued that the coroner’s court was acting without jurisdiction because the body was no longer within the district and that the inquest would be based on speculation and conjecture. The judge rejected these arguments, stating that the hospital was challenging the anticipated outcome of an inquiry that had not yet formally commenced. She also dismissed the claim that the order of evidence collection violated the hospital’s right to a fair hearing, explaining that the inquest’s inquisitorial nature allows the coroner discretion over the sequence of statements and evidence. Justice Opesanwo concluded that Euracare’s application was founded on apprehension and misconception of the legal character of a coroner’s court. She upheld the preliminary objections filed by the respondents and struck out the hospital’s substantive application to prevent the inquest from proceeding. Article source: The Punch | Image credit: The Punch
Lagos High Court Rejects Hospital’s Bid to Halt Coroner’s Inquest into Death of Nkanu Esege The Lagos State High Court, sitting at Osborne Foreshore in Ikoyi, dismissed on Monday an application by Eurapharma Care Services Nigeria Limited, the operators of Euracare Multi‑Specialist Hospital, to stop the coroner’s inquest into the death of Nkanu Esege, son of author Chimamanda Adichie and her husband Dr. Ivara Esege. Justice Aishat Opesanwo struck out the application after holding that the coroner was legally required to conduct the inquest and that the cremation of the deceased’s body did not invalidate the inquiry. She noted that the inquest is a statutory fact‑finding exercise, not a trial. At the last hearing on 28 September 2026, the judge had adjourned the case to 12 October 2026 to rule on Euracare’s application after hearing arguments from all parties. Euracare had challenged the jurisdiction of the coroner, arguing that the absence of the body within the coroner’s district deprived the coroner of authority to conduct the inquest. The hospital also questioned the coroner’s decision to proceed with the inquest after the body’s cremation and the order in which evidence was to be received. The application named the coroner, Atinuke Adetunji; the Lagos Coroner’s District Court; the Chief Coroner of Lagos State; the Lagos State Attorney‑General and Commissioner for Justice, Lawal Pedro (SAN); Dr. Ivara Esege; Chimamanda Adichie; and Atlantis Paediatric Hospital Limited. Euracare also challenged the coroner’s receipt of statements and evidence from medical personnel and other witnesses associated with the facility where the deceased had been treated. Justice Opesanwo said the application was based on a misunderstanding of the nature and purpose of a coroner’s inquest. She explained that the proceedings are inquisitorial rather than adversarial, with the coroner and interested parties seeking answers about the circumstances surrounding a death. “It is not a trial; no one is on trial in a coroner’s court,” she said. In determining jurisdiction, the judge relied on Section 15 of the Coroners System Law of Lagos State, 2007, which requires an inquest whenever a death within the coroner’s district occurs under specified circumstances. She noted that the provision leaves no discretion for the coroner to refuse an inquest once the statutory conditions are met. The judge also referred to Section 20, which requires a coroner to hold an inquest on a body found within its jurisdiction, regardless of where the cause of death occurred. She held that neither provision supported Euracare’s argument that the body’s absence on the date of the inquest invalidated the coroner’s jurisdiction. Euracare’s counsel argued that the coroner’s court was acting without jurisdiction because the body was no longer within the district and that the inquest would be based on speculation and conjecture. The judge rejected these arguments, stating that the hospital was challenging the anticipated outcome of an inquiry that had not yet formally commenced. She also dismissed the claim that the order of evidence collection violated the hospital’s right to a fair hearing, explaining that the inquest’s inquisitorial nature allows the coroner discretion over the sequence of statements and evidence. Justice Opesanwo concluded that Euracare’s application was founded on apprehension and misconception of the legal character of a coroner’s court. She upheld the preliminary objections filed by the respondents and struck out the hospital’s substantive application to prevent the inquest from proceeding.
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