The Lagos State High Court on Monday struck out a suit filed by Euracare Multi-Specialist Hospital seeking to stop the inquest into the death of Nkanu Esege, son of renowned Nigerian author Chimamanda Ngozi Adichie.
Justice Aishat Opesanwo ruled that the coroner had a legal duty to investigate the circumstances surrounding the death, adding that the cremation of the deceased’s body did not prevent the proceedings from continuing.
The judge held that the hospital’s application lacked merit and upheld preliminary objections filed by the respondents.
Eurapharma Care Services Nigeria Ltd., operators of Euracare Hospital, had challenged the jurisdiction of Magistrate Atinuke Adetunji, who is conducting the inquest, arguing that the proceedings could not continue because the deceased’s body was no longer within her district.
The hospital also argued that hearing evidence from medical personnel before other interested parties could violate its right to a fair hearing.
However, Justice Opesanwo said the hospital misunderstood the purpose of a coroner’s inquest, explaining that it was a fact-finding exercise rather than a trial.
“It is not a trial, no one is on trial in a coroner’s court,” the judge said.
Citing Section 15 of the Coroners System Law of Lagos State, 2007, she noted that the law requires an inquest into deaths occurring under specified circumstances.
The judge further rejected the argument that the absence of the body would make the proceedings speculative, describing the hospital’s concern as one about a possible outcome rather than a valid legal ground for stopping the inquiry.
On the issue of fair hearing, she said the coroner had the discretion to determine the order in which evidence would be received, adding that the procedure adopted did not, in itself, amount to a breach of the hospital’s rights.
The court consequently struck out the suit.
Other respondents in the case included the Chief Coroner of Lagos State, the state’s Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), Dr Ivara Esege, Chimamanda Adichie and Atlantis Paediatric Hospital Ltd.
The court had reserved its ruling until Monday after hearing arguments from the parties on September 28.