Dr. Ivara Esege and his wife, the author Chimamanda Ngozi Adichie, on Monday urged the Lagos State High Court to dismiss a suit by Eurapharma Care Services Nigeria Limited seeking to halt the coroner’s inquest into the death of their son, Master Nkanu Adichie-Esege.
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The application was argued before Honourable Justice A. O. Opesanwo of the Lagos State High Court, sitting at Osborne, Ikoyi, in Suit No. LD/7069MJR/2026.
Eurapharma is seeking orders of certiorari and prohibition to challenge the coroner’s proceedings and a directive requiring it to commence its evidence in the inquest.
The company has also challenged the continuation of the inquest following the cremation of the child’s remains, contending that the absence of the body makes the inquest impossible.
Mr. Kemi Pinheiro, SAN, appearing for those he described as “the most aggrieved Respondents,” described the judicial review application as premature, arguing that the coroner had made no decision or determination of right capable of being quashed by the High Court.
He likened the suit to a “Usain Bolt and Ben Johnson” suit, and submitted that “the court does not hunger or thirst for jurisdiction. It can only act where statute permits.”
The argument formed the substance of a preliminary objection.
He argued that the proceedings complained of were merely preliminary and procedural, stressing that no witness had been called, no evidence taken and no substantive finding made by the coroner, and submitted that judicial review could not be used to pre-empt a decision which the coroner had not yet made.
Citing section 21 of the Lagos State Coroners’ System Law, the senior advocate argued that the law expressly contemplates an inquest where a body has been destroyed or cannot be recovered.
He also relied on section 31(1) of the same law, and in particular on its reference to the coroner viewing the body “if any,” contending that the absence of the remains does not, without more, extinguish the coroner’s jurisdiction.
The Attorney-General of Lagos State, Mr. Lawal Pedro, SAN, also relied on a preliminary objection against the suit.
Relying particularly on grounds 3 and 4 of the objection, he urged the court to strike out the suit and allow the inquest to proceed.
In line with the arguments of the Attorney-General and of Mr. Pinheiro, counsel to Atlantis Paediatric Hospital Limited, Dr. Abiodun Layonu, SAN, and Mr. Adeniji Kazeem, SAN, argued that the concern raised by Eurapharma had already been addressed in the proceedings of 14 April 2026 before the coroner, where it was conceded that the family would lead evidence first.
They argued that sections 21 and 40 of the Coroners’ System Law allow an inquest to proceed even where a body cannot be recovered, and urged the court to dismiss the suit so that the parties could return to the inquest.
For Eurapharma, Professor Taiwo Osipitan, SAN, maintained that the hospital should not be compelled to commence its evidence first while a complainant who has made allegations of medical incompetence against it had not yet led evidence.
After hearing the parties, Justice Opesanwo reserved ruling until 12 October 2026.
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