The Lagos State High Court has struck out a suit by Eurapharma Care Services Nigeria Ltd., operators of Euracare Multi-Specialist Hospital, seeking to halt an inquest into Nkanu Esege’s death.
Justice Aishat Opesanwo ruled that the coroner had a legal duty to conduct the inquest, adding that the cremation of the deceased’s body did not prevent proceedings.
The judge held that the hospital’s application lacked merit, upholding preliminary objections filed by the respondents and striking out the suit.
Nkanu was the son of renowned Nigerian author, Chimamanda Adichie.
Euracare had challenged the jurisdiction of Magistrate Atinuke Adetunji, the coroner conducting the inquest, arguing that the proceedings could not continue because the deceased’s body was no longer within her district.
The hospital also contended that receiving evidence from medical personnel before hearing other interested parties could violate its right to a fair hearing.
However, Justice Opesanwo said the hospital misunderstood the purpose of a coroner’s inquest, stressing that it was a fact-finding exercise rather than a trial.
“It is not a trial; no one is on trial in a coroner’s court,” she said.
The judge cited Section 15 of the Coroners System Law of Lagos State, 2007, which requires an inquest into deaths occurring under circumstances specified by the law.
She held that the subsequent cremation of the body did not extinguish the coroner’s authority to investigate the circumstances surrounding the death.
Opesanwo also rejected the hospital’s argument that proceeding without the body would make the inquest speculative.
She said the hospital was expressing concern about an outcome that had yet to be determined, rather than identifying a legal basis for stopping the inquiry.
On the issue of fair hearing, the judge held that the coroner had discretion to determine the order in which evidence would be received.
She added that the procedure adopted by the coroner did not, in itself, constitute a breach of the hospital’s right to a fair hearing.
The court consequently upheld the respondents’ preliminary objections and struck out the hospital’s application.
Other respondents included the Chief Coroner of Lagos State, the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), Dr Ivara Esege, Chimamanda Adichie and Atlantis Paediatric Hospital Ltd.
The court had reserved its ruling until Oct. 12 after hearing arguments from the parties on September 28.
