Justice Opesanwo, however, ruled that the hospital\u2019s application was based on a fundamental misunderstanding of the role, powers and operations of a coroner\u2019s court.<\/p>\n
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<\/a><\/div>\nA Lagos State High Court has dismissed Euracare Multi-Specialist Hospital\u2019s attempt to stop an ongoing coroner\u2019s inquest into the death of Nkanu Nnamdi, the son of renowned Nigerian author Chimamanda Adichie.<\/p>\n
Nkanu, 21 months old, died in January at the hospital in circumstances that have raised questions and prompted a coroner\u2019s inquest.<\/p>\n
Delivering judgment on Monday, Justice Aishat Opesanwo struck out the hospital\u2019s originating motion for writs of Certiorari and Prohibition, Channels Television reported.<\/p>\n
The ruling followed an objection by Ms Adichie and her husband, Ivara Esege, who asked the court to dismiss the suit two weeks earlier.<\/p>\n
PREMIUM TIMES earlier reported<\/a> <\/strong>that the couple\u2019s lawyer, Kemi Pinheiro, argued that the hospital approached the court prematurely. The lawyer said the coroner had not issued any decision that warranted judicial review.<\/p>\n Justice Opesanwo, however, ruled that the hospital\u2019s application was based on a fundamental misunderstanding of the role, powers and operations of a coroner\u2019s court.<\/p>\n Justice Opesanwo identified several important legal issues in her ruling, including the requirement under Section 15(2) of the Lagos State Coroner\u2019s System Law 2007 for an inquest into a death in custody that occurs in a medical facility.<\/p>\n She also ruled that the cremation of the child\u2019s remains did not prevent the coroner from investigating the death.<\/p>\n Rejecting the hospital\u2019s position, the judge said jurisdiction depended on the location where the death occurred, rather than the availability of the body at the time of the inquest.<\/p>\n According to her, a coroner\u2019s court investigates to determine who died and the circumstances, time and location of the death. Its purpose is not to conduct a criminal prosecution or civil trial, assign blame or punish anyone.<\/p>\n Justice Opesanwo noted that such proceedings differ from conventional court trials because they do not strictly follow formal rules of evidence or the usual framework for determining the burden of proof.<\/p>\n \u201cA coroner\u2019s inquest is a fact-finding inquiry. It is not a trial. No one is on trial in a coroner\u2019s court. Unlike other courts, whether civil or criminal, there is no claimant, prosecution, or defence,\u201d she said.<\/p>\n She further ruled that the coroner enjoys full statutory discretion over the sequence in which witness statements and evidence are taken and that judicial review cannot be used to truncate a process mandated by state law.<\/p>\n With the court\u2019s dismissal of the application, the coroner\u2019s inquest into the toddler\u2019s death is now expected to proceed formally.<\/p>\n<\/a><\/div>\n<\/a><\/div>\nFindings<\/strong><\/h3>\n
Backstory<\/strong><\/h3>\n