A legal battle over the death of Nkanu, son of Nigerian author Chimamanda Adichie, will return to the Lagos State High Court on October 12, 2026.
The court will deliver its ruling on an application filed by Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, to stop the ongoing coroner’s inquest into Nkanu’s death.
Justice Aishat Opesanwo fixed the date after hearing submissions from the hospital, the Lagos State Government and Nkanu’s family at the court in Ikoyi.
Euracare is questioning the authority of Coroner Atinuke Adetunji to proceed with the investigation after Nkanu’s body was cremated.
Through its counsel, Prof Taiwo Osipitan (SAN), the hospital is asking the court to overturn decisions already made in the proceedings and prevent the coroner from continuing with the inquest.
Osipitan argued that the cremation had removed the possibility of conducting a post-mortem examination. He said this could make it difficult to establish the actual cause of death.
The senior lawyer cited Sections 14 and 15 of the Lagos State Coroners System Law in challenging the coroner’s jurisdiction.
He also raised concerns about the order in which witnesses are expected to testify.
According to him, Euracare and its employees should not be required to present their evidence before Nkanu’s family sets out its allegations against them.
Osipitan argued that although a coroner’s inquest is designed as a fact-finding process, the circumstances of the case had given it an accusatory character because medical negligence allegations had been made against the hospital.
He therefore maintained that making Euracare present its witnesses first could affect its right to a fair hearing.
The hospital also disputed the application of Section 31 of the Coroners System Law. Osipitan argued that the provision did not contemplate a situation where the deceased’s body had already been cremated.
He further told the court that the Lagos State Chief Pathologist did not perform a post-mortem examination or approve the cremation.
The Lagos State Government, however, asked the court to dismiss Euracare’s application.
Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), relied on Section 21 of the law, arguing that a coroner can proceed with an inquest even when the body is unavailable.
Pedro also described the hospital’s judicial review application as premature, noting that the coroner had not yet taken evidence when the case was filed.
Nkanu’s family took a similar position.
Their lawyer, Kemi Pinheiro (SAN), argued that there was no decision by the coroner that warranted judicial intervention.
He also maintained that cremation did not strip the coroner of the authority to conduct the inquest, citing Sections 21 and 31(1) of the law.
Pinheiro stressed that the proceedings were not a criminal trial and would not determine whether any party was guilty.
He said the coroner’s eventual findings could instead be sent to relevant authorities, including the Attorney-General and Director of Public Prosecutions, for possible further action.
Justice Opesanwo subsequently fixed October 12 for her ruling.
Nkanu died at Euracare Multi-Specialist Hospital in Lagos on January 7, 2026.
His parents, Adichie and Dr Ivara Esege, have alleged that the hospital breached its duty of care during their son’s treatment.
Euracare has rejected the allegations, describing the claims of medical negligence as inaccurate and unfounded.
The competing claims remain allegations, with the court yet to determine liability for Nkanu’s death.
