The Lagos State Ministry of Justice, alongside the Chief Coroner of Lagos State and the presiding Coroner for the Lagos Coroner’s District Court, has filed a preliminary objection challenging a suit seeking to halt the ongoing coroner’s inquest into the death of Master Nkanu Adichie-Esege, son of renowned author Chimamanda Ngozi Adichie and Dr. Ivara Esege.
The objection, dated June 5, 2026, was filed in response to a judicial review application instituted by Eurapharma Care Services Nigeria Limited, operators of a hospital in Victoria Island where the child reportedly died on January 7, 2026.
The hospital had earlier secured an interim order from the Lagos State High Court sitting in Osborne, Ikoyi, presided over by Justice A.O. Opesanwo, temporarily staying proceedings in the coroner’s inquest pending the determination of its substantive application.
In the suit, Eurapharma Care Services is seeking orders of certiorari and prohibition to quash decisions of the Coroner’s Court and restrain further proceedings in the inquest.
However, the Attorney-General of Lagos State, Lawal Pedro, SAN, together with the Coroner and Chief Coroner, argued that the judicial review proceedings are incompetent, premature and constitute an abuse of court process.
In their joint written address, the respondents maintained that the applicant failed to establish valid grounds for invoking the supervisory jurisdiction of the High Court through judicial review.
They argued that under Nigerian law, certiorari can only apply where a tribunal or public authority acts outside its jurisdiction or exceeds powers granted by law.
Relying on the Coroners System Law of Lagos State, the respondents stated that the Coroner possesses exclusive statutory powers to investigate suspicious deaths occurring within the relevant district.
According to them, the decision to proceed with the inquest into the death of Master Nkanu Adichie-Esege falls within the lawful powers of the Coroner.
The respondents also rejected the hospital’s argument that the alleged cremation of the deceased’s remains deprived the Coroner of jurisdiction, citing Section 21 of the Coroners System Law, which empowers a Coroner to conduct an inquest even where a body cannot be recovered or has been destroyed.
They further argued that no formal evidence had yet been presented before the Coroner regarding the alleged cremation or the absence of an autopsy report, making the hospital’s application speculative.
“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 Court was yet to consider or deliver any ruling,” the respondents submitted.
The Attorney-General and other respondents also dismissed the hospital’s complaint over the Coroner’s directive requiring it to call witnesses first during the inquest.
According to them, the applicant was not denied fair hearing, as it still had the opportunity to present evidence and cross-examine witnesses.
Citing Supreme Court decisions including Gyang v Commissioner of Police, Lagos State and Yusuf v State, the respondents argued that fair hearing simply requires adequate opportunity for parties to present their cases.
They consequently urged Justice Opesanwo to dismiss the application entirely, describing it as an attempt to bypass statutory procedures governing investigations into suspicious deaths.
The matter was adjourned until September 8, 2026, for the hearing of all preliminary objections.
