By Sandra Kenneth
The Lagos State High Court sitting in Osborne Foreshore, Ikoyi, on Monday struck out an application by Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, seeking to stop a coroner’s inquest into the death of Nkanu Esege, son of celebrated Nigerian author Chimamanda Ngozi Adichie.
Presiding Judge Justice Aishat Opesanwo dismissed the application, ruling that the coroner’s decision to proceed with the inquiry was grounded in a mandatory statutory obligation rather than discretionary power.
Euracare had challenged the coroner’s jurisdiction, arguing that the cremation of the deceased’s body meant no corpse was available for a post-mortem examination, which they claimed would reduce the inquest to speculation. The hospital also objected to the sequence in which the coroner intended to receive statements and evidence from medical personnel.
Justice Opesanwo rejected these arguments, stating that under Section 15 of the Coroners System Law of Lagos State 2007, the coroner is legally required to hold an inquest once a death falls within specified statutory categories.
“The provision gives no room for exercise of discretion in the decision to conduct an inquest once a death results from any one of the nine situations specified, and that it occurs within the area designated as the coroner’s district,” Justice Opesanwo held.
She clarified that the law does not require the body to remain within the district on the date of the proceedings, nor does the absence of a physical body invalidate the coroner’s authority to investigate.
Fact-Finding, Not a Criminal Trial
Addressing concerns over the fairness of the process, the judge emphasized that a coroner’s inquest is purely a fact-finding exercise meant to determine who died, how, when, and where the death occurred.
“It is not a trial; no one is on trial in a coroner’s court,” she said, noting that the proceedings are inquisitorial rather than adversarial or designed to punish any party.
Justice Opesanwo added that procedural rules governing standard civil trials do not apply in the same manner to coroner inquiries, and the coroner retains full discretion over the order in which evidence is presented.
Holding that the preliminary objections raised by the respondents succeeded, the judge ruled that Euracare’s concerns regarding the potential outcome were premature and struck out the substantive suit.
Nkanu Esege died on January 7, 2026, following medical procedures, prompting the ongoing inquiry into the circumstances surrounding his death.
