The Lagos State High Court sitting in Osborne, Ikoyi, has ordered a temporary suspension of proceedings in the coroner’s inquest into the death of Master Nkanu Adichie-Esege, son of author Chimamanda Adichie and Dr Ivara Esege.
Justice A.O. Opesanwo granted the order after hearing an ex parte application filed by Eurapharma Care Services Nigeria Limited, operators of a hospital in Victoria Island where the child reportedly died on January 7.
The application, brought through a legal team led by Senior Advocate of Nigeria Prof. Taiwo Osipitan, sought leave to challenge decisions made by the Lagos Coroner’s District Court presided over by Senior Magistrate A.A. Adetunji.
The hospital is contesting the coroner court’s decision to proceed with an inquest into the circumstances surrounding the child’s death despite claims that the deceased’s body had been cremated before the coroner’s jurisdiction was activated.
Named as respondents in the suit are Senior Magistrate Adetunji, the Chief Coroner of Lagos State, the Attorney General and Commissioner for Justice of Lagos State, Dr Ivara Esege, Chimamanda Adichie and Atlantis Pediatric Hospital Limited.
In its application, Eurapharma Care Services argued that the coroner court lacked jurisdiction to continue with the inquest because the body of the deceased was allegedly no longer available for examination, having been cremated before preliminary proceedings commenced.
The applicant also challenged the coroner court’s directive requiring it to open its defence and call witnesses first during the inquest, despite allegations of medical negligence and misconduct having been levelled against it by the fourth and fifth respondents.
Among other reliefs, the hospital sought orders of certiorari to quash decisions of the coroner court made on January 21, February 25 and April 14, 2026, as well as orders of prohibition restraining further proceedings in the inquest.
After reviewing the motion, affidavit evidence and written submissions, Justice Opesanwo held that the application raised substantial issues deserving judicial consideration.
“The Court is satisfied that the Applicant has met the threshold for the grant of leave. The application is after all not frivolous or vexatious. It raises issues of procedure and fairness that ought to be ventilated at the substantive stage,” the judge ruled.
Consequently, the court granted leave to Eurapharma Care Services to commence judicial review proceedings seeking orders of certiorari and prohibition against the decisions of the coroner court in Suit No. MCL/1/CONA/2026.
Justice Opesanwo further ordered that, pursuant to Order 44 Rule 3(6)(a) of the High Court of Lagos State (Civil Procedure) Rules, 2019, the leave granted shall operate as a stay of all further proceedings before the coroner court pending the hearing and determination of the substantive application.
The court directed the applicant to file its substantive judicial review processes within 14 days and ensure service on all respondents.
The matter was adjourned to June 9 for further proceedings.
The inquest was opened following the death of 21 month old Nkanu on January 7 after he was treated at Atlantis Pediatric Hospital and later referred to Euracare Multi Specialist Hospital for medical procedures. The child died while arrangements were reportedly being made to transfer him to Johns Hopkins Hospital in the United States.
Chimamanda and her husband have alleged medical negligence in connection with their son’s death, claims that Euracare has denied. The Lagos State Government subsequently ordered a coroner’s inquest to determine the circumstances surrounding the case.
In March, the Medical and Dental Practitioners Investigation Panel announced the suspension of Euracare’s medical director and two other doctors after finding a prima facie case of medical negligence in the treatment of the child. The matter is still subject to ongoing legal and disciplinary proceedings.
