Coroner’s Inquest Without The Deceased’s Body

Nkanu Esege, one of Chimamanda Ngozi Adichie’s twins, died on 7 January 2026, following complications during a series of preparatory medical procedures at Euracare Multispecialty Hospital, Lagos.

A Coroner at the Yaba Magistrate Court, Lagos, has scheduled 14 April 2026 for the commencement of a formal inquest into the death of the 21-month-old son of the renowned author.

However, reports have emerged that the deceased’s body has been cremated, thereby leaving the Coroner without primary forensic evidence as to the cause of death.

This editorial examines the possibility of the Coroner’s inquest proceeding in the absence of the body of the deceased.

Suffice it to say that had the body of the deceased been buried, and not cremated, perhaps, the fears of the looming uncertainty as to the cause of his death, resulting from the absence of his body for the purpose of the inquest would have been allayed.

This is because, save in circumstances where it would be injurious to public health, or where there is no reasonable probability of a satisfactory result being obtained thereby, whenever it appears to a Coroner that the body of a person, who has died under circumstances requiring the conduct of an inquest, has been buried without being viewed or without an inquest having been held, the Coroner is vested with powers by dint of a warrant, to order the exhumation of the body for the purpose of holding an inquest as contained in Section 6 of the Coroner’s Act, 1945

Under Section 16 of the Coroner’s System Law of Lagos State. 2007, tampering with or disposing the body of a deceased person prior to conduct of a post-mortem examination is prohibited, except by the prior authorisation of the medical examiner.

It must be noted that this provision applies only where, prior to the tampering with the body, a Coroner’s inquest has begun, with a view to ascertaining the cause of the deceased’s death. This is also the jurisprudential basis for the provision of Section 10 of the Coroner’s Act which prohibits the burial or cremation of the body of a deceased person requiring an inquest until such inquest is held.

For ease of reference, Section 10 of the Coroner’s Act provides that: a coroner may prohibit the burial or cremation of a body lying within jurisdiction until an inquest is held.”

Also, Section 22 of the Coroner’s System Law of Lagos State, 2007 provides that: “A Coroner may order the postponement of chemical preservation or disposal of any body lying within his jurisdiction, until an inquest has been held.”

Notwithstanding the foregoing, a Coroner’s inquest can still be held in Nigeria even if the body of the deceased has been cremated, as the inquest focuses on determining the cause, time, and circumstances of death through evidence elicited from witnesses and medical reports, rather than relying solely on a physical autopsy/post-mortem examination. Thus, while cremation complicates forensic analysis/evidence, legal proceedings can proceed based on available records.

Again, in our opinion, it depends on the key details regarding this situation, such as the purpose of the Inquest. The primary goal is to determine who, where, when, and how the deceased died, which can be achieved through witness testimonies, circumstantial evidence, documentation, and the deceased’s available medical records.

There is also procedural flexibility which indicates that despite the cremation of the deceased’s body, an inquest can be initiated or continued based on evidence gathered before or after cremation, as aforestated.

On the proposition that a Coroner’s inquest can be conducted in the absence of the deceased’s body, provisions of Section 9 of the Coroner’s Act, 1945 provide that (1) where a coroner has reason to believe that a death has occurred in the area within which he has jurisdiction in such circumstances that an inquest ought to be held, and that owing- (a) to the destruction of the body by fire or otherwise; (b) or to the fact that the body is lying in a place from which it cannot be recovered, an inquest cannot be held except by virtue of the provisions of this section,he may, if he considers it desirable so to do, hold an inquest touching the death.

In an inquest under subsection (2) of this section, the Law relating to inquests shall apply with such modifications as may be necessary in consequence of the inquest being held otherwise than on or after view of a body lying within the coroner’s jurisdiction.”

The above provisions of the Coroner’s Act of 1945 are in pari materia with Section 21 of the Coroner’s System Law of Lagos State, 2007.

Section 9(2) of the Coroner’s Act refers to the use by the coroner of such means other than viewing of the deceased’s body or post-mortem examination to conduct the inquest.

Similarly, alternative means to be employed by the coroner in the absence of the body of the deceased include, as earlier highlighted, calling of witnesses to give evidence during the inquest, medical reports/records relating to the deceased prior to his death, as well as cogent and compelling circumstantial evidence.

On the powers of a Coroner to conduct an inquest by means of oral and written testimonies of witnesses, especially as in the instant case where the body of the deceased has been cremated, Section 17 of the Coroner’s Act which provides that (1) a coroner holding an inquest shall have and may exercise all the powers of a magistrate with regard to summoning and compelling the attendance of witnesses and requiring them to give evidence, and with regard to the production of a document or thing at the inquest.”

Also Sections 32 and 33 of the Coroner’s System Law of Lagos State, 2007 states that key witnesses in this regard may include the medical team that attended to the deceased while he was receiving medical treatment before his death, the deceased’s family members or such persons who are abreast of his medical history, who brought/accompanied him to the hospital where he died or who last saw him before his death under circumstances requiring the holding of an inquest.