The Lagos State High Court sitting in Osborne, Ikoyi, has ordered a temporary suspension of proceedings in the coroner’s inquest into the death of Master Nkanu Adichie-Esege, son of renowned author Chimamanda Adichie and Dr. Ivara Esege, pending the determination of a judicial review application challenging the legality of the inquest.
Justice A.O. Opesanwo granted the order following an ex parte application filed by Eurapharma Care Services Nigeria Limited, operators of a Victoria Island hospital where the child reportedly died on January 7, 2026.
The application, filed by a legal team led by Senior Advocate of Nigeria, Prof. Taiwo Osipitan, seeks judicial review of decisions taken by the Lagos Coroner’s District Court presided over by Senior Magistrate A.A. Adetunji.
Eurapharma Care Services is challenging the coroner court’s decision to proceed with an inquest into the circumstances surrounding the child’s death, arguing that the deceased’s body had been cremated before the coroner’s jurisdiction was invoked.
Joined as respondents in the suit are Senior Magistrate Adetunji, the Chief Coroner of Lagos State, the Attorney-General and Commissioner for Justice of Lagos State, Dr. Ivara Esege, Chimamanda Adichie, and Atlantis Pediatric Hospital Limited.
In its application, the hospital contended that the coroner court lacked the jurisdiction to continue with the inquest because the body of the deceased was no longer available for examination, having allegedly been cremated before preliminary proceedings commenced.
The applicant also challenged the coroner court’s directive requiring it to open its defence and call witnesses first during the inquest, despite allegations of medical negligence and professional misconduct having been levelled against it by some of the respondents.
Among the reliefs sought, Eurapharma Care Services requested orders of certiorari to quash decisions of the coroner court delivered on January 21, February 25, and April 14, 2026. It also sought orders of prohibition restraining the coroner court from taking any further steps in the inquest.
In his ruling, Justice Opesanwo held that the application raised substantial legal issues warranting judicial consideration.
“The Court is satisfied that the Applicant has met the threshold for the grant of leave. The application is not frivolous or vexatious. It raises issues of procedure and fairness that ought to be ventilated at the substantive stage,” the judge stated.
Consequently, the court granted leave to Eurapharma Care Services to commence judicial review proceedings seeking orders of certiorari and prohibition against the decisions of the coroner court in Suit No. MCL/1/CONA/2026.
Justice Opesanwo further ordered that, pursuant to Order 44 Rule 3(6)(a) of the High Court of Lagos State (Civil Procedure) Rules, 2019, the leave granted shall operate as a stay of all further proceedings before the coroner court pending the hearing and determination of the substantive application.
The court directed the applicant to file its substantive judicial review processes within 14 days and ensure service on all respondents.
The matter was subsequently adjourned to June 9, 2026, for further proceedings.
