The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), has urged the Lagos State High Court sitting in Ikoyi to dismiss a suit filed by Eurapharma Care Services Nigeria Limited seeking to stop the ongoing coroner’s inquest into the death of the son of renowned Nigerian author, Chimamanda Adichie.
Pedro and the Chief Coroner of Lagos State, Justice Mojisola Dada, in their preliminary objection, argued that the suit is incompetent, premature, and constitutes an abuse of court process.
The objection, dated June 5, 2026, was filed in response to a judicial review application brought by Eurapharma Care Services, operators of a Victoria Island hospital where the child reportedly died on January 7, 2026.
Justice Opesanwo had earlier temporarily suspended proceedings in the coroner’s inquest pending the determination of the substantive application.
Master Nkanu Esege reportedly died on January 7, 2026, during medical treatment at Euracare Multi-Specialist Hospital in Lagos.
The deceased’s parents, Chimamanda Adichie and her husband, Dr Ivara Esege, had accused the hospital of “prima facie breaches of the duty of care” in the treatment of their son.
However, Euracare Multi-Specialist Hospital denied allegations of medical negligence, describing them as inaccurate and unfounded.
In its substantive suit, Eurapharma is seeking orders of certiorari and prohibition to quash the decisions of the Coroner’s Court and restrain it from continuing the inquest.
But the Attorney-General and the coroner authorities argued that the application discloses no legal basis for invoking the supervisory jurisdiction of the High Court.
They maintained that the Coroner acted within the powers conferred by the Coroners System Law of Lagos State, which empowers it to investigate suspicious deaths within its jurisdiction.
According to them, the decision to conduct an inquest into the circumstances surrounding the death of Master Adichie-Esege falls squarely within the statutory mandate of the Coroner.
The respondents also rejected the hospital’s claim that the alleged cremation of the deceased’s remains divested the coroner of jurisdiction.
Citing Section 21 of the Coroners System Law, they argued that a coroner may proceed with an inquest even where a body has been destroyed or cannot be recovered.
They further noted that no evidence of cremation or absence of an autopsy report has been formally placed before the Coroner’s Court.
The respondents described the judicial review application as speculative, arguing that the High Court is being invited to intervene in matters on which the Coroner has not yet made any pronouncement.
“The applicant seeks to invite this Honourable Court into a realm of speculation by asking the Court to intervene in respect of issues upon which the Coroner’s Court has yet to consider or deliver any ruling,” they stated.
The Attorney-General and other respondents also challenged the hospital’s claim that its right to fair hearing was breached when it was directed to call witnesses first during the inquest.
They argued that the hospital had not demonstrated that it was denied the opportunity to present evidence or cross-examine witnesses, insisting that no breach of fair hearing had occurred.
Relying on Supreme Court decisions, including Gyang v Commissioner of Police, Lagos State and Yusuf v State, they maintained that fair hearing requires that all parties be given adequate opportunity to present their cases.
They therefore urged the court to dismiss the suit, insisting it was filed to circumvent the statutory process for investigating suspicious deaths.
They further argued that the action amounts to an abuse of court process, as the Coroner’s Court has not concluded its proceedings or made any substantive findings on the issues raised.
Justice Opesanwo adjourned the matter until September 28, 2026, for hearing of all pending preliminary objections.
