Justice Aishat Opesanwo of the Lagos State High Court sitting in Osborne Foreshore, 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, son of Nigerian author Chimamanda Adichie.

The hospital is challenging the jurisdiction of Coroner Atinuke Adetunji to continue with the inquest, among other grounds, following the cremation of Nkanu’s remains.

Justice Opesanwo set the date on Monday after hearing arguments on the hospital’s application for orders of certiorari to nullify decisions already taken in connection with the inquest, as well as prohibition restraining the coroner from continuing with the proceedings.

Counsel to Euracare, Prof. Taiwo Osipitan (SAN), also challenged the proposed sequence for calling witnesses, arguing that the hospital and its personnel were being compelled to present their case before Nkanu’s family had formally presented its allegations.

Osipitan argued that although a coroner’s inquest was inquisitorial in form, it was “accusatorial in substance” in the circumstances of the case because allegations of medical negligence had been made against the hospital and its staff.

He maintained that compelling the hospital to present its witnesses first could violate its right to a fair hearing.

The Senior Advocate said Euracare had never consented to being the first party to call witnesses, explaining that a previous agreement between the parties only concerned the convenience of hearing dates and not the order of presenting evidence.

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

He submitted that determining the identity of the deceased, place and manner of death, as well as the cause of death, would ordinarily require a post-mortem examination.

According to him, the cremation of Nkanu’s body made a post-mortem examination impossible, meaning any determination of the cause of death without one could be speculative.

Osipitan further argued that Section 31 of the law, which allows a coroner to dispense with inspection in certain circumstances, did not cover a situation in which the body was no longer in existence.

He also informed the court that the Chief Pathologist of Lagos State had neither performed a post-mortem examination nor authorised the cremation.

The SAN therefore asked the court to grant the certiorari and prohibition orders sought by the hospital.

However, the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), urged the court to reject the application.

Pedro argued that the coroner had statutory discretion to proceed with an inquest where a body had been destroyed or was unavailable.

He relied on Section 21 of the Lagos State Coroners System Law, which he said empowers the coroner to conduct an inquest despite the destruction or unavailability of a deceased person’s body.

The Attorney-General also argued that Euracare’s judicial review application was premature because the coroner had not taken any evidence or testimony when the application was filed.

He maintained that the coroner had neither improperly assumed nor exceeded her jurisdiction in a manner requiring the intervention of the High Court.

Pedro urged the court to allow the coroner to exercise the discretion provided under the law regarding whether to proceed with the inquest.

Counsel representing Nkanu’s family, Kemi Pinheiro (SAN), equally asked the court to dismiss the application, describing it as premature.

Pinheiro argued that certiorari and prohibition could not be used to compel the High Court to take over a special proceeding that the law had specifically assigned to the coroner.

He submitted that before either remedy could be granted, there had to be a reviewable decision involving the determination of rights or a breach of rights.

According to him, no such reviewable decision existed before the court.

Pinheiro also rejected Euracare’s argument that the cremation of Nkanu’s body had stripped the coroner of jurisdiction.

Relying on Sections 21 and 31(1) of the Coroners System Law, he argued that the provisions allow the coroner to conduct an inquest even when the deceased’s body is unavailable for inspection.

He further submitted that Section 31 shields a coroner’s decision not to inspect or verify the existence of a body from being challenged in court.

The lawyer described the inquest as a fact-finding process without a defendant or claimant, stressing that it was neither a criminal trial nor a proceeding for determining criminal guilt.

He said the coroner’s findings would eventually be forwarded to relevant executive authorities, including the Attorney-General and the Director of Public Prosecutions, for any necessary further action.

Justice Opesanwo subsequently adjourned the matter until October 12, when she will rule on Euracare’s application.

Nkanu died on January 7, 2026, at Euracare Multi-Specialist Hospital in Lagos.

His parents, Chimamanda Adichie and her husband, Dr Ivara Esege, had alleged prima facie breaches of the duty of care in the treatment of their son.

Euracare has denied the allegations of medical negligence, describing them as inaccurate and unfounded.