Why is Chimamanda Adichie asking the court to stop a lawsuit over her son’s death?
Nigerian author Chimamanda Ngozi Adichie and her husband, Ivara Esege, have asked the Lagos State High Court to dismiss a lawsuit seeking to halt the coroner’s inquest into the death of their son, Nkanu Adichie-Esege.
The couple’s lawyers argued that the lawsuit was brought prematurely because the coroner handling the inquest had not made any substantive decision that could be reviewed or overturned by the High Court.
The legal dispute is the latest development in the investigation into the circumstances surrounding Nkanu’s death in Lagos in January 2026.
What happened to Chimamanda Adichie’s son?
Nkanu, one of Adichie and Esege’s twin sons, died on January 7, 2026, at Euracare Multi-Specialist Hospital in Lagos.
The 21-month-old had been receiving medical care before he was taken to Euracare for further medical procedures.
According to reports on the case, the child died following complications during medical procedures at the hospital.
His parents subsequently raised concerns about the treatment their son received and the circumstances surrounding his death.
The hospital has denied allegations of medical negligence, describing the allegations as inaccurate and unfounded.
A coroner’s inquest was subsequently initiated to investigate the circumstances of the death.
A coroner’s inquest is a fact-finding proceeding used to establish issues surrounding a death, including the identity of the deceased, the circumstances and manner of death and, where possible, its cause.
Why is there now a court battle?
The hospital, through Eurapharma Care Services Nigeria Limited, approached the Lagos State High Court seeking to challenge the continuation and conduct of the coroner’s proceedings.
Among other things, the hospital is asking the High Court for orders of certiorari and prohibition.
In simple terms, the hospital wants the High Court to review and quash aspects of the proceedings and prevent the coroner from continuing with the inquest.
Two major issues are at the centre of the challenge.
The first concerns the order in which evidence should be presented at the inquest.
The second concerns whether the coroner can continue investigating Nkanu’s death after his remains were cremated.
Why does the hospital object to the inquest continuing?
The hospital’s lawyer, Prof. Taiwo Osipitan, SAN, argued that Euracare should not be compelled to present its evidence before the family had first presented evidence supporting allegations of medical incompetence.
He argued that making the hospital lead evidence first could create a fair-hearing problem, particularly because allegations had been made against the hospital and its personnel.
The hospital also challenged the coroner’s jurisdiction following the cremation of Nkanu’s remains.
According to the hospital’s position, determining how and why Nkanu died would ordinarily require a post-mortem examination. Since his remains had been cremated, the hospital argued that such an examination could no longer take place and that determining the cause of death could therefore involve speculation.
The hospital relied on provisions of the Lagos State Coroners System Law in making its argument.
Why is Chimamanda asking the court to dismiss the suit?
Adichie and Esege, through their lawyer Kemi Pinheiro, SAN, have asked the High Court to dismiss the hospital’s application.
Pinheiro argued that the case was premature because the coroner had not yet reached a substantive decision.
According to the family’s position, no witness had been called, no evidence had been taken and the coroner had not made a finding capable of being quashed by the High Court.
The lawyer therefore argued that the hospital was effectively asking the High Court to intervene before the coroner had completed the fact-finding process.
He also argued that judicial review could not be used to take over a proceeding that the law had specifically entrusted to the coroner.
Can the inquest continue without Nkanu’s remains?
This has become one of the central legal questions.
The hospital argued that the cremation of Nkanu’s remains affects the coroner’s ability to determine the cause of death because a post-mortem examination can no longer be conducted.
But the family’s lawyer offered a different interpretation of the Lagos State Coroners System Law.
Pinheiro relied on Section 21 of the law, arguing that it specifically contemplates circumstances where a body has been destroyed or cannot be recovered.
The Lagos State Attorney-General, Lawal Pedro, SAN, also opposed the hospital’s application and argued that the coroner has statutory discretion to conduct an inquest even where a body has been destroyed or is unavailable.
The Lagos State Ministry of Justice has previously explained that the state’s coroner system is designed to investigate deaths in circumstances requiring an inquest, including deaths considered violent, unnatural or suspicious.
The existence of the provision does not, however, mean the court has already ruled on how it applies to Nkanu’s case. That remains one of the issues before the High Court.
What does the Lagos State government say?
The Lagos State Attorney-General has sided with the position that the hospital’s suit should be dismissed.
Pedro argued that the application for judicial review was premature because the coroner had not made a substantive determination that required intervention by the High Court.
He also relied on Section 21 of the Lagos State Coroners System Law, arguing that the provision gives the coroner discretion to proceed with an inquest where the body has been destroyed or is unavailable.
Counsel representing Atlantis Paediatric Hospital Limited, another party in the proceedings, also opposed the application.
They argued that concerns about the order of evidence had already been addressed during an earlier coroner’s proceeding, where it was agreed that the family would lead evidence first.
What happens next?
Justice Aishat Opesanwo of the Lagos State High Court in Ikoyi has reserved ruling on the application until October 12, 2026.
The ruling will determine whether the hospital’s challenge to the conduct and continuation of the coroner’s inquest can proceed at this stage.
For now, the coroner’s inquest remains at the centre of the dispute, with Adichie and her husband seeking to have the High Court allow the process to continue rather than terminate or review it before the coroner has reached substantive findings.
The October 12 ruling will therefore be an important next step in determining how the investigation into the circumstances surrounding Nkanu’s death proceeds.