Hospital Challenges Coroner’s Jurisdiction After Adichie’s Son’s Cremation. 

Hospital Challenges Coroner’s Jurisdiction After Adichie’s Son’s Cremation.

A Lagos State High Court will rule on October 12, 2026, on Eurapharma Care Services Nigeria Limited’s bid to halt the coroner’s inquest into the death of Nkanu, the son of Nigerian author Chimamanda Adichie.

Justice Aishat Opesanwo set the date after hearing arguments from the hospital, the Lagos State Government and the family. Eurapharma operates Euracare Multi-Specialist Hospital, where Nkanu died on January 7, 2026.

The hospital is seeking orders of certiorari to quash decisions relating to the inquest and prohibition to prevent Coroner Atinuke Adetunji from continuing it. Its lawyer, Prof Taiwo Osipitan, argued that the coroner lacked jurisdiction because Nkanu’s body had been cremated.

Citing Sections 14 and 15 of the Lagos State Coroners System Law, Osipitan said the coroner’s jurisdiction was linked to the presence of the deceased’s body in the district. He argued that determining the cause and circumstances of death would ordinarily require a post-mortem examination, which could no longer be conducted.

Osipitan maintained that proceeding without an examination risked speculation. He also said the Chief Pathologist of Lagos State had neither performed a post-mortem nor authorised the cremation. Section 31, he argued, did not cover a situation in which the body no longer existed.

The hospital also challenged the proposed order of testimony. Osipitan said Euracare and its staff were expected to present their case before the family set out its allegations. Although an inquest is inquisitorial, he argued, allegations of medical negligence made the proceedings accusatorial in substance. Requiring the hospital to call witnesses first, he said, could undermine its right to a fair hearing. He added that the parties had agreed only on hearing dates, not on who would testify first.

Lagos State Attorney-General and Commissioner for Justice Lawal Pedro urged the court to dismiss the application. Relying on Section 21 of the law, he argued that a coroner could conduct an inquest even if a body had been destroyed or was unavailable. He also described the judicial review application as premature, saying the coroner had not taken evidence when it was filed.

Counsel to Nkanu’s family, Kemi Pinheiro, also opposed the application. He argued that no reviewable decision had been made and that certiorari and prohibition were therefore unavailable. The inquest, he said, was a fact-finding process, not a trial, and would not determine criminal guilt. Its findings would be submitted to relevant authorities for any further action.

Pinheiro also cited Sections 21 and 31(1), arguing that the coroner could proceed without inspecting a body.

Nkanu’s parents, Adichie and Dr Ivara Esege, have alleged breaches of the duty of care in their son’s treatment. Euracare has denied the allegations, describing them as inaccurate and unfounded.