Inquest Into Chimamanda’s Son’s Death Must Continue, AG, Coroner Insist

Lagos State attorney-general and commissioner for Justice, Lawal Pedro (SAN), has prayed the Lagos State High Court in Ikoyi to dismiss a suit filed by Eurapharma Care Services Nigeria Limited seeking to halt the ongoing coroner’s inquest into the death of the son of celebrated Nigerian author Chimamanda Adichie.

Pedro and the chief coroner of Lagos State, Justice Mojisola Dada, in their preliminary objection to the suit, argued that the case is incompetent, premature and constituted an abuse of court process.

The notice of preliminary objection dated June 5, 2026, was filed in response to a judicial review application instituted by Eurapharma Care Services, operators of a Victoria Island Hospital where the child reportedly died on January 7, 2026.

Justice Opesanwo temporarily suspended proceedings in the coroner’s inquest pending the determination of its substantive application.

In the substantive suit, Eurapharma sought orders of certiorari and prohibition to quash the Coroner’s Court’s decisions and to restrain it from continuing the inquest.

However, the attorney-general and the coroner authorities contended that the application fails to establish any legal basis for invoking the High Court’s supervisory jurisdiction.

The respondents also submitted that the coroner acted strictly within the powers conferred on him by the Coroners System Law of Lagos State, which grants exclusive authority to investigate suspicious deaths occurring within his jurisdiction.

They argued that the decision to conduct an inquest into the circumstances surrounding the death of Master Adichie-Esege falls squarely within the statutory mandate of the Coroner.

The respondents further dismissed the hospital’s contention that the alleged cremation of the deceased’s remains deprived the Coroner of jurisdiction.

Citing Section 21 of the Coroners System Law, they maintained that a Coroner may lawfully conduct an inquest even where the body of the deceased has been destroyed or cannot be recovered.

The respondents also submitted that no evidence regarding the alleged cremation or absence of an autopsy report has been formally presented before the Coroner’s Court for consideration.

According to them, the judicial review proceedings are speculative because the applicant is seeking the intervention of the High Court on matters upon which the Coroner has yet to make any pronouncement.

“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’s Court was yet to consider or deliver any ruling,” the respondents stated.

The Attorney-General and the other respondents also challenged the hospital’s allegation that its right to a fair hearing was breached when it was directed to call witnesses first during the inquest.

They argued that the hospital had not shown it was denied the opportunity to present evidence or cross-examine witnesses, adding that the complaint does not constitute a violation of the constitutional right to a fair hearing.

Relying on decisions of the Supreme Court, including Gyang v Commissioner of Police, Lagos State, and Yusuf v State, they maintained that a fair hearing requires that parties be afforded an adequate opportunity to present their cases.

The respondents consequently urged Justice Opesanwo to dismiss the suit in its entirety, insisting that it was filed to circumvent the statutory process for investigating deaths occurring under suspicious circumstances.

They further argued that the action amounts to an abuse of court process because the Coroner’s Court has yet to conclude its proceedings or make substantive findings on the issues raised by the applicant.

Justice Opesanwo adjourned the matter until September 28, 2026, for hearing of all pending preliminary objections.