Court pushes Chimamanda son’s inquest dispute to September

15

The Lagos State High Court sitting at Osborne Foreshore has adjourned until September 28, 2026, the hearing of a judicial review application challenging the Coroner’s Inquest into the death of Master Nkanu Nnamdi Adichie-Esege, the 21-month-old son of author Chimamanda Adichie and Dr. Ivara Esege.

Justice Aishat Opesanwo fixed the new date after counsel to the applicant, Eurapharma Care Services Nigeria Limited, informed the court that several respondents had only recently served legal processes on the company, making it necessary to prepare responses.

At Monday’s proceedings, the applicant’s lawyer, Prof. Taiwo Osipitan (SAN), explained that although the matter was slated for hearing, fresh filings had been received from the respondents.

“I began to receive processes from the first to third respondents on Friday. We were still attending to those processes when the fourth to sixth respondents served us this morning,” Osipitan said.

He added, “We have to reply to the objections of the respondents, and they will need to reply to our response. We also need to reply on points of law to the processes filed by the fourth to sixth respondents.”

Osipitan told the court that all parties agreed the case could not proceed as planned.

“In view of the processes we were served on Friday and today, we will be asking for an adjournment to enable us respond. The parties have suggested September 28, 2026,” he said.

The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), representing the first to third respondents, confirmed the agreed date.

“My Lord, just to confirm, that is what we agreed on, subject to the court’s convenience,” Pedro said.

Justice Opesanwo subsequently adjourned the matter to September 28, 2026, for hearing.

The case stems from a decision by the Coroner’s Court, presided over by Senior Magistrate Atinuke Adetunji, to investigate the circumstances surrounding the death of Master Nkanu Adichie-Esege, who died on January 7, 2026, at Eurapharma Care Services’ hospital facility in Victoria Island, Lagos.

On May 26, 2026, the High Court granted Eurapharma leave to begin judicial review proceedings against decisions taken by the Coroner’s Court in Suit No. MCL/1/CONA/2026.

The court also ordered that the leave should act as a stay of further proceedings in the inquest pending the outcome of the substantive application.

Following that ruling, Magistrate Adetunji suspended proceedings in the inquest on June 3, 2026, and adjourned it until October 8, 2026.

The respondents in the judicial review suit include Senior Magistrate and Coroner Atinuke 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 the suit marked LD/7069MJR/2026, Eurapharma is seeking orders of certiorari and prohibition to quash and stop the Coroner’s Court from continuing the inquest.

The hospital is contesting decisions made by the Coroner’s Court on January 21, February 25 and April 14, 2026, directing that the inquest should proceed.

According to Eurapharma, the Coroner lacked jurisdiction because the deceased’s body had allegedly been cremated before the court’s jurisdiction was activated, making a post-mortem examination impossible.

The company is also challenging the Coroner’s directive requiring it to open its defence and call witnesses first despite allegations of medical negligence and misconduct made against it.

In granting leave for the judicial review, Justice Opesanwo held that the issues raised warranted full 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 held.

The court also directed the applicant to file and serve its substantive processes on all respondents within 14 days.