The Lagos State Attorney-General, Lawal Pedro, SAN, the Chief Coroner of Lagos State and the presiding Coroner have asked the Lagos State High Court to dismiss a suit seeking to stop the ongoing inquest into the death of Master Nkanu Adichie-Esege, son of acclaimed author Chimamanda Adichie and Dr. Ivara Esege.
The respondents, in a preliminary objection dated June 5, 2026, challenged the competence of the judicial review application filed by Eurapharma Care Services Nigeria Limited, operators of the Victoria Island hospital where the child reportedly died on January 7, 2026.
The hospital had earlier obtained an interim order from Justice Aishat Opesanwo of the Lagos State High Court, Osborne, Ikoyi, staying proceedings of the coroner’s inquest pending the determination of its substantive application.
It is seeking orders of certiorari and prohibition to quash decisions of the Coroner’s Court and restrain further proceedings in the matter.
However, the Attorney-General and other respondents argued that the suit is incompetent, premature and constitutes an abuse of court process, insisting that the applicant failed to establish any legal basis for the High Court to exercise its supervisory jurisdiction through judicial review.
According to the respondents, the Coroner acted within the powers granted under the Coroners System Law of Lagos State, which confers exclusive authority on coroners to investigate suspicious deaths occurring within their districts.
They maintained that the decision to proceed with the inquest into the death of Master Nkanu Adichie-Esege falls squarely within the statutory powers of the Coroner and therefore cannot be challenged through the reliefs sought by the hospital.
The respondents also rejected the hospital’s argument that the alleged cremation of the deceased’s remains deprived the Coroner of jurisdiction.
They cited Section 21 of the Coroners System Law, which empowers a coroner to conduct an inquest even where a body has been destroyed or cannot be recovered.
They further contended that no evidence had yet been formally presented before the Coroner regarding the alleged cremation or the absence of an autopsy report, making the hospital’s claims 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.
On the hospital’s complaint that it was directed to call witnesses first during the inquest, the respondents argued that no breach of fair hearing had occurred since the applicant had not been denied the opportunity to present evidence or cross-examine witnesses.
Relying on Supreme Court authorities, including Gyang v Commissioner of Police, Lagos State and Yusuf v State, they argued that fair hearing requires only that parties be given adequate opportunity to present their cases.
The respondents urged the court to dismiss the application in its entirety, describing it as an attempt to circumvent statutory procedures governing investigations into suspicious deaths.
“The instant suit was filed to circumvent the laid-down procedure by law regarding death that happened in suspicious circumstances,” they argued.
Justice Opesanwo subsequently adjourned the matter until September 28, 2026, for the hearing of all preliminary objections.
