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Court Rejects Euracare Bid to Block Inquest Into Death of Chimamanda Adichie’s Son
Justice Aishat Opesanwo rules that cremation did not invalidate the coroner’s inquiry, clearing the way for an investigation into the child’s death.
The Lagos State High Court has struck out an application by Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, seeking to stop a coroner’s inquest into the death of Nkanu Esege, the young son of celebrated Nigerian author Chimamanda Ngozi Adichie and her husband, Dr Ivara Esege.
Justice Aishat Opesanwo delivered the ruling on Monday, October 12, 2026, holding that the coroner had a statutory duty to investigate the circumstances surrounding the child’s death and that the cremation of his body did not, by itself, invalidate the proceedings.
The judge described a coroner’s inquest as a fact-finding exercise rather than a criminal or civil trial to determine liability. The decision clears the way for the inquiry to proceed.
Hospital Challenged Coroner’s Jurisdiction
Eurapharma Care Services had approached the High Court to challenge the jurisdiction of Coroner Atinuke Adetunji and seek orders to quash decisions already made in connection with the inquest and prevent further proceedings.
The hospital argued that the absence of the deceased’s body following cremation deprived the coroner of the authority to conduct the inquiry. It also questioned the proposed sequence for receiving evidence from medical personnel and other interested parties, contending that the arrangement could violate its constitutional right to a fair hearing.
The court had reserved October 12 for its ruling after hearing arguments from the parties on September 28.
Judge Says Inquest Is a Statutory Fact-Finding Exercise
In her ruling, Justice Opesanwo said the hospital’s application reflected a misunderstanding of the nature and purpose of a coroner’s inquest.
She explained that such proceedings are inquisitorial rather than adversarial. Their purpose is to establish the circumstances surrounding a death, including who died, when and where the death occurred, and how it happened.
The judge stressed that the inquiry was not a trial and that no party was on trial before the coroner.
She relied on provisions of the Lagos State Coroners System Law, 2007, particularly Sections 15 and 20, in considering the scope of the coroner’s jurisdiction.
According to the judge, Section 15 provides for circumstances in which an inquest must be held, while Section 20 addresses the responsibility of a coroner within whose jurisdiction a body is found, even where the cause of death occurred elsewhere.
She held that the hospital had not established that the statutory conditions for the inquest were absent. The subsequent cremation of the child’s body did not automatically extinguish the coroner’s authority to investigate the death.
The hospital also challenged the coroner’s decision on the order in which statements and evidence would be received, arguing that it should not be required to present its evidence before hearing the case against it.
Justice Opesanwo rejected the argument, explaining that a coroner has discretion to determine the sequence in which evidence is received during an inquisitorial inquiry.
She held that disagreement with the coroner’s chosen procedure did not, on its own, establish a breach of the right to a fair hearing.
The judge added that the inquest was intended to establish facts surrounding the death, not to apportion blame or punish any party.
Preliminary Objections Upheld
The court also upheld preliminary objections filed by respondents challenging the timing and basis of the hospital’s judicial review application.
The objections argued that the application was premature because the inquest had not formally concluded and there was no final determination to review.
Justice Opesanwo consequently struck out the hospital’s substantive application and upheld the objections.
The ruling does not determine the cause of Nkanu’s death or establish liability on the part of the hospital or any other party. Those questions remain separate from the court’s decision on whether the coroner’s inquest can proceed.
The inquiry is intended to establish the circumstances surrounding the child’s death through the evidence presented before the coroner.