Court reserves ruling on challenge to Adichie child-death inquest

A Lagos State High Court has reserved its ruling until October 12 on objections seeking the dismissal of a hospital company’s challenge to a coroner’s inquest into the death of Chimamanda Adichie and Ivara Esege’s son. The 21-month-old child, Nkanu Adichie-Esege, died in January after treatment at Eurapharma Care Services Nigeria’s Euracare Multi-Specialist Hospital in Victoria Island, Lagos. The circumstances of his death are disputed.

The parents, represented by Senior Advocate of Nigeria Kemi Pinheiro, argued that Eurapharma’s application was premature. They said the inquest was still at a preliminary stage, no witness had testified and the coroner had made no substantive finding that could be challenged through judicial review. Eurapharma is seeking orders of certiorari and prohibition against the proceedings.

It is also challenging a direction requiring it to begin presenting evidence at the inquest. The company has argued that the inquest cannot continue because the child’s remains were cremated before the proceedings. Pinheiro argued that the Lagos State Coroners’ System Law allows an inquest when a body has been destroyed or cannot be recovered.

He also relied on provisions concerning the coroner’s viewing of a body, saying the wording did not prevent proceedings when remains were unavailable. The Lagos State Attorney-General, Lawal Pedro, urged the court to strike out the suit. Lawyers representing Atlantis Paediatric Hospital also supported the objections.

One of them said the order of evidence had already been addressed before the coroner and that the parties had agreed the family would lead evidence first. Eurapharma’s lawyer, Taiwo Osipitan, opposed the objections. He argued that the company should not have to present its evidence before the party alleging medical incompetence had done so.

The family has alleged medical negligence involving sedation, monitoring and emergency response. Euracare has denied wrongdoing. The supplied report says related disciplinary and legal processes remain ongoing.