The Coroner’s Court sitting at the Igbosere Magistrate Court, Lagos Island, has adjourned further proceedings in the inquest into the death of 21-month-old Master Nkanu Adichie-Esege, son of renowned novelist Chimamanda Ngozi Adichie and Dr. Ivara Esege, following a High Court order staying the proceedings pending the determination of a judicial review application.
Coroner Magistrate Atinuke Adetunji on Wednesday fixed October 8, 2026, for further mention of the matter after being informed that the Lagos State High Court had granted an order suspending the inquest.
The inquest, which was scheduled for the commencement of hearing, was halted after counsel to Euracare Multi-Specialist Hospital, Prof. Taiwo Osipitan (SAN), informed the court that the hospital had successfully obtained leave from the High Court to challenge the jurisdiction of the Coroner’s Court to conduct the inquiry.
Osipitan told the court that one of the major issues raised in the judicial review proceedings is whether the Coroner’s Court properly assumed jurisdiction to investigate the death of the child, considering that his remains had allegedly been cremated before the inquest commenced.
According to him, the substantive application also raises the question of whether a coroner can lawfully investigate the cause of death in circumstances where the body is no longer available for examination.
“There is also a consequential order that pending the determination of our substantive suit, this Coroner’s Court be stayed,” Osipitan told the court.
“We have a return date of June 8, 2026. We have served all parties and our prayer is that this court should defer the proceedings until we come back, in obedience to the order.”
Counsel from the Lagos State Attorney-General’s Office, Adebola Araba, however, informed the court that he had not personally seen the enrolled order.
In response, Osipitan maintained that the Attorney-General’s office had been duly served.
“We filed on Monday and served the Attorney-General’s office yesterday. He may not personally have seen it, but the office has been served,” he said.
On behalf of the deceased’s family, Kemi Pinheiro (SAN) informed the court that four witness statements on oath had already been filed and served on all parties.
According to him, the proposed witnesses include the child’s father, Dr. Ivara Esege; Dr. Chinwe Ego from Arizona, United States; another medical expert from Minnesota, United States; and Prof. Adekola of the Lagos University Teaching Hospital.
Pinheiro stated that although the family would abide by the High Court’s stay order, they remained committed to pursuing the inquest.
“He who has nothing to hide should not fear an open inquest.
An innocent man has nothing to fear. It is darkness that fears the light,” he said.
The senior advocate urged the Coroner’s Court to adjourn the matter until after the court vacation rather than indefinitely.
Counsel for Atlantis Pediatric Hospital, Efe Ize-Iyamu, informed the court that his client, listed as the sixth respondent in the judicial review proceedings, had been served with both the originating motion and the enrolled order.
He aligned himself with Pinheiro’s submissions, noting that while the parties were bound by the High Court’s order, Atlantis Pediatric Hospital had already filed its response to the application.
In a brief reply, Osipitan insisted that the central issue remained the legal implications of the alleged cremation of the child’s remains before the activation of the Coroner’s Court’s jurisdiction.
“Whether you are fearful or fearless, there was wilful destruction,” he argued.
“You cannot assume jurisdiction. What they did is punishable by 15 years imprisonment. The issue is whether somebody who has done something wrong under the law can push for an inquest.”
Pinheiro, however, disagreed, contending that the submissions amounted to an affront to the provisions of the Coroner’s Law.
“We will demonstrate instances where inquests have been conducted even without the body,” he told the court.
After hearing counsel, Magistrate Adetunji adjourned the matter to October 8, 2026.
The development followed an order made on May 26, 2026, by Justice Aishat Opesanwo of the Lagos State High Court, Osborne Foreshore, granting Eurapharma Care Services Nigeria Limited leave to challenge the proceedings of the Coroner’s Court and directing that the grant of leave should operate as a stay of the inquest pending the determination of the substantive suit.
The respondents in the judicial review proceedings include the Coroner, Mrs. A.A. Adetunji; the Chief Coroner of Lagos State; the Attorney-General and Commissioner for Justice of Lagos State; Dr. Ivara Esege; Chimamanda Ngozi Adichie; and Atlantis Pediatric Hospital Limited.
The hospital is challenging decisions of the Coroner’s Court made on January 21, February 25 and April 14, 2026, in relation to the ongoing inquiry into the circumstances surrounding the death of Master Nkanu Adichie-Esege, who died on January 7, 2026, at Euracare Multi-Specialist Hospital in Victoria Island, Lagos.
Among other reliefs, the hospital is seeking orders of certiorari and prohibition to quash and restrain the Coroner’s Court from continuing with the inquest.
It argued that the deceased’s body had been cremated before the activation of the Coroner’s Court’s jurisdiction and was therefore unavailable for any post-mortem examination.
The applicant also challenged the Coroner’s Court’s decision directing it to open its defence and call witnesses first during the inquest despite allegations of gross negligence and medical misconduct made against it by the deceased’s family.
In granting leave, Justice Opesanwo held that the application was neither frivolous nor vexatious and raised issues deserving judicial determination.
“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.
Consequently, the court granted leave to seek judicial review through orders of certiorari and prohibition aimed at quashing the decisions and orders of the Coroner’s Court in Suit No. MCL/1/CONA/2026.
The judge further ordered, pursuant to Order 44 Rule 3(6)(a) of the High Court of Lagos State (Civil Procedure) Rules 2019, that the grant of leave shall operate as a stay of all further proceedings in the coroner’s inquest pending the hearing and determination of the substantive application.
Justice Opesanwo directed Eurapharma Care Services Nigeria Limited to file its substantive processes within 14 days and serve all respondents accordingly.
The latest adjournment comes months after proceedings before the Coroner’s Court were temporarily suspended on May 5, 2026, following an intervention by the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), who requested consultations among all parties involved in the matter.
At the time, counsel from the Attorney-General’s office informed the court that a meeting had been scheduled between the Attorney-General and all counsel involved in the case.
Magistrate Adetunji subsequently criticised the Attorney-General’s office for seeking to halt proceedings without formally notifying the court and indicated that the development would be referred to the Chief Coroner of Lagos State for guidance.
With the High Court’s order now in force, the inquest into the circumstances surrounding the death of Master Nkanu Adichie-Esege remains suspended pending the determination of the hospital’s substantive challenge to the jurisdiction and procedure of the Coroner’s Court.