The Lagos State High Court on Monday struck out a suit filed by Eurapharma Care Services Nigeria Ltd., operators of Euracare Multi-Specialist Hospital, which sought to halt an inquest into the death of Nkanu Esege. Nkanu was the son of renowned Nigerian author Chimamanda Adichie.
Court ruling and key findings
Justice Aishat Opesanwo ruled that the hospital’s application lacked merit, upholding the preliminary objections filed by the respondents and striking out the suit.
The judge emphasized that the coroner has a legal duty to conduct the inquest under Section 15 of the Coroners System Law of Lagos State, 2007, and that the subsequent cremation of the deceased’s body did not extinguish this authority or prevent proceedings.
Addressing specific arguments raised by the hospital, Justice Opesanwo noted:
Nature of the Inquest: The hospital misunderstood the purpose of a coroner’s inquest, which is a fact-finding exercise rather than a trial. “It is not a trial, no one is on trial in a coroner’s court,” she stated.
Absence of the Body: The judge rejected the claim that proceeding without the body within the district made the inquiry speculative, noting that the hospital was prematurely concerned with an undetermined outcome rather than presenting a legal basis to stop the inquiry.
Fair Hearing: The court held that the coroner maintains the discretion to determine the order in which evidence is received, and the procedure adopted did not constitute a breach of the hospital’s right to a fair hearing.
Euracare had previously challenged the jurisdiction of Magistrate Atinuke Adetunji, arguing that the inquest could not continue because the body was no longer within her district, and that receiving medical testimony before other parties could violate fair hearing rights.
The court heard arguments from the parties on September 28 before reserving its ruling until today, October 12.
Respondents in the suit include:
The Chief Coroner of Lagos State
The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN)
Dr. Ivara Esege
Chimamanda Adichie
Atlantis Paediatric Hospital Ltd.
