The Pacesetter Frontier Magazine

Tag: Euracare Hospital

  • Court Dismisses Euracare’s Bid To Stop Inquest Into Adichie’s Son’s Death

    Court Dismisses Euracare’s Bid To Stop Inquest Into Adichie’s Son’s Death

    Precious Nwonu, Enugu

    The Lagos State High Court sitting in Osborne Foreshore, Ikoyi, has struck out 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 Esege, son of Nigerian author Chimamanda Ngozi Adichie.

    Justice Aishat Opesanwo struck out the application on Monday after rejecting the hospital’s arguments that the cremation of the deceased’s body deprived the coroner of jurisdiction and that the procedure for receiving evidence breached its right to a fair hearing.

    The judge held that the inquest was a statutory requirement and that the absence of the body did not automatically prevent the coroner from investigating the circumstances surrounding the death.

    Nkanu died on January 7, 2026, following medical procedures, prompting an inquiry into the circumstances of his death.

    In its application, Euracare argued that the cremation of the body meant a post-mortem examination could no longer be conducted. The hospital also challenged the coroner’s decision to receive statements and evidence from medical personnel and other individuals connected to the facilities where the deceased received treatment.

    However, Justice Opesanwo held that the hospital had failed to establish that the conditions required to empower the coroner to conduct the inquest under Section 15 of the Coroners System Law of Lagos State 2007 were absent.

    The judge explained that the law required an inquest to be conducted where a death fell within any of the specified circumstances and occurred within the relevant coroner’s district.

    “The provision gives no room for exercise of discretion in the decision to conduct an inquest once a death results from any one of the nine situations specified, and that it occurs within the area designated as the coroner’s district,” she said.

    According to the judge, the hospital’s argument focused on the location of the deceased’s body rather than the circumstances that originally gave the coroner jurisdiction to conduct the inquiry.

    She noted that the law did not require the body to remain within the coroner’s district on the date the inquest was held.

    Justice Opesanwo also rejected the hospital’s contention that cremation would make the proceedings speculative and undermine the reliability of the findings.

    “I am not persuaded by the submission made by the applicant’s counsel that the cremation of the body means the inquest and its conclusion will be predicated on speculation and conjecture,” she said.

    The judge further observed that the inquest had not formally commenced, describing the hospital’s concerns about its eventual outcome as premature.

    “What is obvious is that the applicant is concerned with future occurrences, which is the outcome of the inquest,” she added.

    Explaining the purpose of the proceedings, Justice Opesanwo said a coroner’s inquest was a fact-finding exercise aimed at establishing the identity of the deceased, as well as when, where and how the death occurred.

    “It is not a trial; no one is on trial in a coroner’s court,” she said, stressing that the process was inquisitorial rather than adversarial.

    She added that the inquest was not intended to assign blame or punish any party but to establish the facts surrounding the death.

    On the hospital’s objection to the order in which evidence would be received, the judge held that the coroner had the discretion to determine the sequence of statements and evidence presented during the proceedings.

    She said disagreement with the order adopted by the coroner did not, by itself, amount to a breach of fair hearing or invalidate the exercise of that discretion.

    The judge also noted that the evidentiary and procedural rules governing ordinary civil proceedings did not apply in precisely the same way to a coroner’s inquest.

    Justice Opesanwo concluded that the hospital’s application rested on a misunderstanding of the nature and purpose of the inquiry. She upheld the preliminary objections raised by the respondents and struck out the substantive application.

  • Lagos Court Reserves Ruling On Hospital’s Bid To Halt Inquest Into Adichie’s Son’s Death

    Lagos Court Reserves Ruling On Hospital’s Bid To Halt Inquest Into Adichie’s Son’s Death

    Precious Nwonu, Enugu

    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 stop the coroner’s inquest into the death of Nkanu Adichie-Esege, son of Nigerian author Chimamanda Ngozi Adichie and her husband, Dr Ivara Esege.

    Justice Aishat Opesanwo reserved the date after hearing arguments from the hospital, Nkanu’s parents, the Lagos State Government and Atlantis Paediatric Hospital Limited.

    Eurapharma is seeking judicial review of decisions made during the coroner’s proceedings and wants the court to issue orders of certiorari quashing the decisions and prohibition restraining Magistrate Atinuke Adetunji, the coroner handling the case, from continuing with the inquest.

    The hospital’s challenge centres on two issues: the order in which parties should present evidence and whether the coroner can continue the proceedings following the cremation of Nkanu’s remains.

    Nkanu, who was 21 months old, died on January 7, 2026, at Euracare Multi-Specialist Hospital in Lagos after undergoing medical treatment.

    His parents subsequently alleged breaches of the duty of care in the treatment of their son. Euracare has denied wrongdoing and maintained that its medical personnel acted appropriately.

    ### Hospital Challenges Order Of Evidence

    Counsel for Eurapharma, Senior Advocate of Nigeria, Prof Taiwo Osipitan, argued that the hospital should not be compelled to present its evidence before Nkanu’s family, which raised allegations of medical negligence, had presented its case.

    Osipitan told the court that Eurapharma had never agreed to lead evidence first, maintaining that an earlier agreement between the parties only concerned the scheduling of proceedings.

    He argued that requiring the hospital to open its case first could undermine its right to a fair hearing, particularly because allegations of medical incompetence had been made against its personnel.

    The SAN contended that although a coroner’s inquest is inquisitorial rather than a conventional trial, the circumstances of the case had made the proceedings “accusatorial in substance.”

    He therefore urged the court to intervene and prevent the hospital from being compelled to lead evidence before the family.

    ### Hospital Questions Inquest After Cremation

    The hospital also challenged the continuation of the inquest following the cremation of Nkanu’s remains.

    Osipitan relied on provisions of the Lagos State Coroners System Law, particularly Sections 14 and 15, to argue that the coroner’s jurisdiction was connected to the presence of the deceased’s body within the relevant district.

    He submitted that determining the cause and circumstances of death would ordinarily require a post-mortem examination, which he said was no longer possible following the cremation.

    The lawyer further argued that Section 31 of the law, which allows the coroner to dispense with inspection in certain circumstances, did not cover a situation where the remains were no longer available.

    He told the court that the Lagos State Chief Pathologist neither conducted a post-mortem examination nor authorised the cremation.

    Osipitan consequently asked the court to grant the orders of certiorari and prohibition sought by Eurapharma.

    ### Family Opposes Hospital’s Application

    However, counsel to Nkanu’s parents, Kemi Pinheiro, SAN, urged the court to dismiss the hospital’s case, describing the application as premature.

    Pinheiro argued that the coroner had not made any substantive decision or determination of rights that could be quashed through judicial review.

    He said no witness had testified, no evidence had been taken and no substantive finding had been made by the coroner.

    The lawyer likened the hospital’s action to a “Usain Bolt/Ben Johnson suit,” arguing that Eurapharma had approached the High Court before there was any substantive decision for the court to review.

    Pinheiro also maintained that a coroner’s inquest is a fact-finding proceeding and not a criminal trial, stressing that it does not determine criminal guilt.

    According to him, any findings eventually reached by the coroner could be forwarded to the appropriate authorities, including the Attorney-General and Director of Public Prosecutions, for consideration of further action.

    Family Says Inquest Can Continue Without Body

    On the issue of the cremated remains, Pinheiro relied on Sections 21 and 31(1) of the Lagos State Coroners System Law.

    He argued that the legislation makes provision for an inquest where the body of a deceased person has been destroyed or cannot be recovered.

    The SAN particularly referred to the words “if any” in Section 31(1), which deals with the coroner viewing the body, arguing that the absence of the remains did not automatically deprive the coroner of jurisdiction.

    The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, also opposed the hospital’s application.

    Pedro argued that the judicial review action was premature and maintained that the Coroners System Law gives the coroner discretion to proceed with an inquest where a body has been destroyed or is unavailable.

    He urged the court to allow the coroner to exercise the powers granted under the law instead of halting the proceedings at a preliminary stage.

    Atlantis Hospital Supports Inquest

    Counsel representing Atlantis Paediatric Hospital Limited, Abiodun Layonu, SAN, and Adeniji Kazeem, SAN, also urged the court to reject Eurapharma’s application.

    They argued that the issue concerning the order of evidence had already been addressed during proceedings before the coroner on April 14, when it was agreed that Nkanu’s family would present its evidence first.

    They also relied on Sections 21 and 40 of the Lagos State Coroners System Law in arguing that an inquest could continue even where the deceased’s body was unavailable.

    The lawyers urged the High Court to dismiss the hospital’s case and allow the coroner’s proceedings to continue.

    Court Had Earlier Stayed Inquest

    The latest legal challenge follows an earlier decision by the Lagos State High Court in June to grant Eurapharma leave to commence judicial review proceedings and temporarily stay the coroner’s inquest pending determination of the substantive case.

    The hospital had argued that the cremation of Nkanu’s remains made a post-mortem examination impossible and that the coroner had issued procedural directions requiring Eurapharma to present evidence first.

    Nkanu’s parents had previously raised allegations concerning his treatment at Euracare, including claims relating to monitoring, sedation and emergency response. Euracare has rejected allegations of medical negligence.

    Justice Opesanwo has now reserved ruling on the hospital’s application and preliminary objections until October 12, 2026.

    The decision will determine whether the judicial review challenge can proceed and whether the coroner’s inquest can continue despite the hospital’s objections concerning the order of evidence and the absence of Nkanu’s remains.