LAGOS AG, CORONER MOVE TO DISMISS SUIT SEEKING TO STOP ADICHIE-ESEGE CHILD DEATH INQUEST

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By Aishat Momoh. O.

The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), alongside the Chief Coroner and the presiding Coroner handling the inquiry into the death of 21-month-old Master Nkanu Adichie-Esege, have urged the State High Court to dismiss a suit seeking to halt the ongoing coroner’s inquest.

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

The hospital had earlier obtained an interim order from Justice Aishat Opesanwo of the Lagos High Court, Osborne, Ikoyi, temporarily staying the coroner’s proceedings pending the determination of its substantive application.

Eurapharma is seeking orders of certiorari and prohibition to nullify decisions of the Coroner’s Court and restrain further proceedings in the inquest.

However, in their joint response, the Attorney-General, Chief Coroner, and presiding Coroner described the suit as incompetent, premature, and an abuse of court process.

They argued that judicial review is only applicable where a tribunal acts outside its jurisdiction or exceeds its statutory powers, insisting that the Coroner is acting within the law under the Lagos State Coroners System Law, which empowers it to investigate suspicious deaths.

The respondents also rejected claims that the alleged cremation of the child’s remains deprived the Coroner of jurisdiction, stating that the law permits inquests even where a body is unavailable or destroyed.

They further noted that no formal evidence had been presented before the Coroner regarding the alleged cremation or absence of an autopsy report, describing the hospital’s claims as speculative.

On allegations of procedural unfairness, the respondents maintained that the Coroner’s directive on witness order did not amount to a denial of fair hearing, adding that the hospital would still have the opportunity to present evidence and cross-examine witnesses.

They urged the court to strike out the suit, arguing that it was an attempt to derail the statutory process for investigating suspicious deaths.

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