Court Stops Inquest Into Chimamanda’s Son’s Death, Pending Judicial Review

A LAGOS State High Court in Osborne area of Ikoyi has ordered a temporary halt to proceedings in the coroner’s inquest into the death of the son of author Chimamanda Adichie and Ivara Esege, Nkanu Adichie-Esege.
Justice A. O. Opesanwo issued the order while granting an ex parte application filed by Eurapharma Care Services Nigeria Limited, operators of a Victoria Island hospital where the child reportedly died on January 7, this year.
The order will remain in place, pending the determination of a judicial review challenging the legality of the coroner’s inquest.
The application, argued by a legal team, led by Taiwo Osipitan (SAN), seeks to challenge decisions of the Lagos Coroner’s District Court, presided over by Senior Magistrate A. A. Adetunji.
Eurapharma is asking the court for leave to commence judicial review proceedings, including orders of certiorari and prohibition, to quash and restrain further actions of the coroner’s court.
The hospital is contesting the coroner’s jurisdiction to continue the inquest, arguing that the deceased’s body had already been cremated before the coroner’s authority was activated.
It is also challenging a directive requiring it to open its defence and call witnesses first in the proceedings, despite allegations of medical negligence and misconduct made by the child’s parents.
Listed as respondents in the suit are Adetunji, Chief Coroner of Lagos State, attorney general and commissioner for Justice of Lagos State, Ivara , Chimamanda and Atlantis Pediatric Hospital Limited.
Eurapharma further argued that several decisions of the coroner’s court, made on January 21, February 25 and April 14, this year, should be set aside, insisting the court lacks jurisdiction to proceed without the availability of the body for examination.
In his ruling, Justice Opesanwo held that the application raised substantial issues that warranted judicial review, which was neither frivolous nor vexatious, and involved questions of procedure and fairness that should be fully heard.
The court granted leave for judicial review and ordered that the leave shall operate as a stay of all further proceedings before the coroner’s court, effectively suspending the inquest until the substantive matter is determined.
The Judge also directed the applicant to file its substantive judicial review processes within 14 days and ensure service on all respondents.
The matter was adjourned until June 9, this year.