Chimamanda Adichie, husband urge court to dismiss hospital’s suit against son’s death inquest

Nigerian author Chimamanda Adichie and her husband, Ivara Esege, have asked the Lagos State High Court, Osborne Foreshore Estate Phase II in Ikoyi to dismiss a suit by Eurapharma Care Services Nigeria Limited seeking to stop the coroner’s inquest into the death of their son, Nkanu Adichie-Esege.

The 21-month-old twin died in January under controversial circumstances at Eurapharma’s Euracare Multi-Specialist Hospital in Victoria Island, Lagos.

The couple, through their lawyer, Kemi Pinheiro, who is a Senior Advocate of Nigeria (SAN), argued that Eurapharma’s application was premature because the coroner had not made any decision that could be challenged by way of judicial review.

The senior lawyer made his submission before Justice A.O. Opesanwo on Monday.

He told the court that the inquest was still at a preliminary stage, with no witness having testified and no substantive finding made by the coroner.

He likened the case to a “Usain Bolt/Ben Johnson suit”, arguing that the court could not be asked to review or quash a decision that did not yet exist.

Eurapharma is seeking orders of certiorari and prohibition against the coroner’s proceedings. The company is also challenging a directive requiring it to commence its evidence at the inquest.

The company has argued that the inquest cannot continue because Nkanu’s remains were cremated before the proceedings.

But Mr Pinheiro said the Lagos State Coroners’ System Law made provision for such circumstances.

He relied on Section 21 of the law, which provides for an inquest where a body has been destroyed or cannot be recovered.

He also referred to Section 31(1), particularly the words “if any” in its provision on the coroner viewing a body, to argue that the absence of Nkanu’s remains did not prevent the coroner from proceeding.

The Lagos State Attorney-General, Lawal Pedro, also a SAN, urged the court to strike out the suit.

Lawyers to Atlantis Paediatric Hospital Limited, Abiodun Layonu, SAN, and Adeniji Kazeem, a SAN, supported the preliminary objections.

Mr Layonu told the court that Eurapharma’s complaint about the order of evidence had already been addressed during proceedings before the coroner on 14 April.

He said it was agreed at the proceedings that the family would lead evidence first.

Mr Layonu also relied on Sections 21 and 40 of the Lagos State Coroners’ System Law in urging the court to dismiss Eurapharma’s suit and allow the inquest to continue.

But Eurapharma’s lawyer, Taiwo Osipitan, SAN, opposed the objections.

Mr Osipitan argued that Eurapharma should not be required to present its evidence before the party alleging medical incompetence against it had first led evidence.

After hearing arguments from the parties, Mr Opesanwo reserved ruling on the preliminary objections until 12 October.

How the dispute started

The dispute arose from Eurapharma’s application for judicial review of the coroner’s proceedings.

In June, the Lagos State High Court granted the company leave to challenge the proceedings and ordered a temporary stay of the inquest pending the determination of the application.

Eurapharma had argued that the coroner lacked jurisdiction to continue with the inquest because Nkanu’s remains had been cremated.

PREMIUM TIMES reported that the applicant sought leave of the court to commence judicial review proceedings challenging several decisions of the Lagos Coroner’s District Court presided over by Senior Magistrate A. A. Adetunji.

According to court filings cited in a report by Vanguard, Eurapharma Care Services argued that the coroner court acted without jurisdiction in continuing with the inquest, contending that the body of the deceased had already been cremated before the commencement of coroner proceedings, thereby making post-mortem examination impossible.

The hospital further challenged procedural directions issued by the coroner’s court requiring it to open its defence and call witnesses first, despite allegations of medical negligence already raised by the parents of the deceased.

Background

The Lagos State Government instituted the coroner’s inquest following the death of Nkanu on 7 January after treatment at Atlantis Pediatric Hospital.

The child was subsequently referred to Euracare Multi-Specialist Hospital in Victoria Island, Lagos, where he later died. At the same time, arrangements were reportedly being made for medical evacuation to Johns Hopkins Hospital in the United States.

Mrs Adichie and Mr Esege have alleged that the death resulted from medical negligence, including claims relating to sedation procedures, monitoring lapses, and delays in emergency response during treatment.

READ ALSO: ‘I do not want to go back to Nigeria’ — Chimamanda Adichie after son’s death

Euracare Multi-Specialist Hospital, however, has denied any wrongdoing, maintaining that its medical personnel acted appropriately during treatment.

In a previous report, this newspaper had reported that the coroner’s inquest was earlier suspended following a directive from Mr Pedro.

In March, the Medical and Dental Practitioners Investigation Panel suspended Euracare’s medical director and two doctors after finding a prima facie case of medical negligence. The disciplinary and legal processes arising from the case remain ongoing.