The Lagos State High Court sitting in Ikoyi has fixed October 12, 2026, to rule on an application by Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, seeking to halt the coroner’s inquest into the death of Nkanu, son of Nigerian author Chimamanda Adichie.
Justice Aishat Opesanwo fixed the date on Monday after hearing arguments on the hospital’s application for orders of certiorari and prohibition to quash decisions already made in connection with the inquest and prevent Coroner Atinuke Adetunji from proceeding with the investigation.
Euracare is challenging the coroner’s jurisdiction, particularly following the cremation of Nkanu’s body.
Arguing the application, the hospital’s counsel, Prof Taiwo Osipitan (SAN), also challenged the proposed order of witness testimony, alleging that Euracare and its personnel were being required to present their case before Nkanu’s family had formally presented its allegations.
Osipitan argued that although a coroner’s inquest was inquisitorial, the circumstances of the case had made it “accusatorial in substance” because allegations of medical negligence had been made against the hospital and its personnel.
He contended that requiring the hospital to call its witnesses first could undermine its right to a fair hearing.
The SAN said Euracare had never agreed to lead evidence first, adding that an earlier agreement between the parties concerned only the convenience of hearing dates and not the sequence in which witnesses would testify.
On jurisdiction, Osipitan relied on Sections 14 and 15 of the Lagos State Coroners System Law, arguing that the coroner’s jurisdiction was connected to the presence of the deceased’s body within the relevant coroner district.
He argued that determining the identity of the deceased, the place and manner of death and the cause of death ordinarily required a post-mortem examination.
According to him, the cremation of Nkanu’s body made a post-mortem examination impossible and left any determination of the cause of death without one open to speculation.
Osipitan further argued that Section 31 of the law, which allows a coroner to dispense with inspection in certain circumstances, did not cover a situation in which the body no longer existed.
He added that the Chief Pathologist of Lagos State had neither conducted a post-mortem examination nor authorised the cremation.
The hospital therefore urged the court to grant the orders of certiorari and prohibition.
However, the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), urged the court to dismiss the application.
Pedro argued that the coroner had statutory discretion to conduct an inquest where the body of a deceased person had been destroyed or was unavailable.
Relying on Section 21 of the Lagos State Coroners System Law, he submitted that the provision empowered the coroner to proceed with an inquest despite the destruction or unavailability of the body.
The Attorney-General also described Euracare’s judicial review application as premature, arguing that the coroner had not taken evidence or testimony when the application was filed.
He maintained that the coroner had neither asserted nor exceeded her jurisdiction in a manner that warranted the intervention of the High Court.
Counsel for Nkanu’s family, Kemi Pinheiro (SAN), also urged the court to dismiss the application, describing it as premature.
Pinheiro argued that certiorari and prohibition could not be used to transfer to the High Court a special proceeding that the law had assigned to the coroner.
He said the remedies could only apply where there was a reviewable decision involving a determination of rights or a breach of rights, adding that no such decision existed in the case.
Pinheiro also rejected Euracare’s argument that the cremation of Nkanu’s body stripped the coroner of jurisdiction.
Relying on Sections 21 and 31(1) of the Coroners System Law, he argued that the provisions allowed the coroner to proceed even when no corpse was available for inspection.
He further submitted that Section 31 protected a coroner’s decision to dispense with viewing or verifying the existence of a body from being challenged in court.
The lawyer described the inquest as a fact-finding process rather than a criminal trial, stressing that it had neither a defendant nor a claimant and could not determine criminal guilt.
He said the coroner’s findings would be submitted to the appropriate authorities, including the Attorney-General and the Director of Public Prosecutions, for any further action deemed necessary.
Justice Opesanwo subsequently adjourned the case until October 12 for ruling on Euracare’s application.
Nkanu died on January 7, 2026, at Euracare Multi-Specialist Hospital in Lagos.
His parents, Adichie and her husband, Dr Ivara Esege, had alleged prima facie 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.
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