Lagos court clears way for inquest into death of Adichie's son
A judge has rejected a hospital operator's attempt to stop the coroner's inquiry, ruling that an inquest is a fact-finding exercise in which nobody is on trial.
Lagos — A Lagos High Court has refused to stop a coroner's inquest into the death of Nkanu Adichie-Esege, the 21-month-old son of the writer Chimamanda Ngozi Adichie and her husband, Ivara Esege, Premium Times reports.
Justice Aishat Opesanwo, sitting in Ikoyi, on Monday dismissed an application by Eurapharma Care Services Nigeria Limited, which operates Euracare Multi-Specialist Hospital on Victoria Island. The ruling allows the inquest, which had been suspended since June, to resume.
The hospital's objections
The company argued that because the child's remains had been cremated, no post-mortem was possible and the inquest could end up resting on speculation. It also said a direction that its medical staff give evidence first breached its right to a fair hearing.
The ruling
The judge found that the absence of a body does not by itself prevent a coroner from investigating a death, and that Lagos law makes an inquest compulsory where a death occurs in a medical facility.
She described an inquest as a fact-finding inquiry, not a criminal or civil trial, in which no one is prosecuted or held liable. The coroner, she said, has discretion over the order of witnesses, and judicial review cannot be used to halt proceedings the law requires.
Lawyers for the parents had argued that the challenge was premature, since no witness had yet testified and the coroner had made no finding. The Lagos State attorney-general also asked the court to strike the case out.
Background
The child died on 7 January. He had been treated at Atlantis Paediatric Hospital and was then referred to Euracare.
His parents allege that medical negligence contributed to his death. Euracare denies wrongdoing, saying its staff followed standard procedures and that the child arrived critically ill.
In March, a medical disciplinary panel suspended the hospital's medical director and two doctors after finding there was a case to answer. Premium Times notes that this was not a final finding of liability.
This report is based on reporting by Premium Times.
