Wale Igbintade
The Lagos State High Court sitting in Ikoyi on Monday cleared the best way for a coroner’s inquest into the loss of life of Nkanu Esege, son of famend Nigerian writer, Chimamanda Ngozi Adichie, ruling that the cremation of his physique didn’t, in itself, forestall the inquiry from continuing.
Justice Aishat Opesanwo gave the ruling whereas placing out an software by Eurapharma Care Services Nigeria Limited, operators of Euracare Multi-Specialist Hospital, in search of to cease the inquest.
The hospital had argued that the cremation made a autopsy examination not possible and disadvantaged the coroner of jurisdiction.
It additionally challenged the process for receiving statements and proof from medical personnel and different events related with the services the place Nkanu was handled earlier than his loss of life.
Nkanu died on January 7, 2026, following medical procedures, prompting an investigation into the circumstances surrounding his loss of life.
In her ruling, Justice Opesanwo held that conducting an inquest was a statutory obligation the place the circumstances of a loss of life met the circumstances prescribed by legislation.
She mentioned the hospital had did not disprove the circumstances empowering the coroner to proceed underneath Section 15 of the Coroners System Law of Lagos State 2007.
The decide defined that the legislation didn’t require the deceased’s physique to stay inside the coroner’s district when the inquest was held.
She additionally rejected the argument that the absence of the physique would essentially render the inquiry speculative.
Describing the hospital’s issues in regards to the eventual final result as untimely, she famous that the inquest had but to begin formally.
Justice Opesanwo mentioned a coroner’s inquest was a fact-finding train meant to ascertain who died, how, when and the place the loss of life occurred, relatively than a trial to find out guilt or apportion blame.
“It is not a trial, no one is on trial in a coroner’s court,” she mentioned.
The decide additionally dismissed the hospital’s truthful listening to argument, holding that the coroner had the discretion to find out the sequence through which statements and proof could be obtained.
She mentioned disagreement with the train of that discretion didn’t, in itself, set up a breach of truthful listening to. She added that the principles governing atypical civil proceedings didn’t apply in the identical method to a coroner’s inquest.
The court docket upheld the respondents’ preliminary objections and struck out the hospital’s software, clearing the best way for the inquest to proceed.
