The Lagos State High Court in Ikoyi on Monday rejected a bid by Eurapharma Care Services Nigeria Limited, operator of Euracare Multi-Specialist Hospital, to stop a coroner’s inquest into the death of Nkanu Adichie-Esege, the 21-month-old son of writer Chimamanda Adichie and her husband, Ivara Esege.
Judge Aishat Opesanwo held that the absence of the child’s body did not, in itself, prevent the coroner from investigating the circumstances of his death, Channels TV reported.
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The hospital had argued that the cremation of Nkanu’s remains made a post-mortem examination impossible and could leave the inquest relying on speculation.
It also challenged a directive requiring its medical personnel to present evidence before other parties, describing the arrangement as a violation of its right to a fair hearing.
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The couple’s lawyer, Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), had urged the court to dismiss the hospital’s suit, arguing that it was premature because the coroner had not made any substantive decision that could be challenged through judicial review.
At the hearing on 28 September, Mr Pinheiro said no witness had testified and no substantive finding had been made.
He argued that the hospital was asking the High Court to set aside a decision that did not yet exist.
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The Lagos State Attorney-General, Lawal Pedro, also a SAN, urged the court to strike out the suit.
Abiodun Layonu and Adeniji Kazeem, both SANs representing Atlantis Paediatric Hospital Limited, supported the objections to the application.
Mr Layonu told the court that the order of evidence presentation had been discussed during proceedings before the coroner on 14 April, when it was agreed that the family would present its evidence first.
But Eurapharma’s lawyer, Taiwo Osipitan, SAN, argued that the hospital should not be required to present its evidence before the family had first led evidence to support its allegations of medical negligence.
On the cremation of the child’s remains, Mr Pinheiro relied on Sections 21 and 31(1) of the Lagos State Coroners’ System Law, arguing that the legislation allowed an inquest to proceed where a body had been destroyed or could not be recovered.
In her ruling, Mrs Opesanwo referred to Section 15(2) of the law, which provides for a compulsory inquest in circumstances covered by the provision involving deaths in medical facilities.
The judge said a coroner’s inquest was a fact-finding exercise, not a criminal or civil trial in which parties were prosecuted or held liable.
“A coroner’s inquest is a fact-finding inquiry… It is not a trial. No one is on trial in a coroner’s court,” she said.
She also held that the coroner had the statutory discretion to determine the order in which witnesses and evidence would be presented, adding that judicial review could not be used to halt proceedings required by law.
How the dispute started
Nkanu died on 7 January after receiving treatment at Atlantis Paediatric Hospital before being referred to Euracare Multi-Specialist Hospital in Victoria Island, Lagos.
His parents alleged that medical negligence contributed to his death, raising concerns about sedation, oxygen administration, monitoring and the hospital’s emergency response.
Euracare has denied wrongdoing, maintaining that its medical personnel followed standard procedures and that the child arrived at its facility critically ill.
READ ALSO: Chimamanda Adichie, husband urge court to dismiss hospitals suit against sons death inquest
The Lagos State Government initiated a coroner’s inquest to establish the circumstances surrounding the toddler’s death.
In June, the High Court granted Eurapharma leave to challenge the proceedings and ordered a temporary suspension of the inquest pending the determination of its application.
In March, the Medical and Dental Practitioners Investigation Panel suspended the hospital’s medical director and two doctors after finding a prima facie case of medical negligence. The finding was not a final determination of liability.
The court’s latest decision clears the way for the inquest to proceed.
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