Justice Aishat Opesanwo fixed the date on Monday after hearing arguments from the hospital, the Lagos State Government and Nkanu’s family over the application.
Euracare is challenging the jurisdiction of Coroner Atinuke Adetunji to conduct the inquest, following the cremation of Nkanu’s body.
The hospital is seeking orders of certiorari to quash decisions already made in connection with the inquest and prohibition to restrain the coroner from proceeding with the investigation.
Arguing the application, counsel to Euracare, Prof Taiwo Osipitan (SAN), also challenged the proposed order of witnesses, arguing that the hospital and its personnel were being required to present their case before Nkanu’s family had formally presented its allegations.
Osipitan argued that although a coroner’s inquest is inquisitorial in nature, the circumstances of the case made it “accusatorial in substance” because allegations of medical negligence had been made against the hospital and its personnel.
He said requiring the hospital to call its witnesses first could infringe on its right to a fair hearing.
On the issue of jurisdiction, Osipitan relied on Sections 14 and 15 of the Lagos State Coroners System Law, arguing that the coroner’s jurisdiction was connected to the presence of the deceased’s body within the relevant coroner district.
He submitted that determining the cause and circumstances of a death would ordinarily require a post-mortem examination and argued that the cremation of Nkanu’s body meant such an examination could no longer be conducted.
The lawyer further argued that Section 31 of the law, which allows a coroner to dispense with inspection in certain circumstances, did not cover a situation where the deceased’s body no longer existed.
However, the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), urged the court to dismiss the application.
Pedro argued that the Coroner had statutory discretion to proceed with an inquest where a body had been destroyed or was unavailable, relying on Section 21 of the Lagos State Coroners System Law.
He also described the hospital’s judicial review application as premature, noting that the coroner had not taken any evidence or testimony when the application was filed.
Counsel to Nkanu’s family, Kemi Pinheiro (SAN), similarly urged the court to dismiss the application, arguing that there was no reviewable decision before the court that could justify the orders sought by Euracare.
Pinheiro also disputed the hospital’s argument that the cremation of Nkanu’s body deprived the coroner of jurisdiction, citing Sections 21 and 31(1) of the Coroners System Law.
He described the inquest as a fact-finding process rather than a criminal trial, noting that it does not determine criminal guilt.
Nkanu died on January 7, 2026, at Euracare Multi-Specialist Hospital in Lagos.
His parents, Adichie and her husband, Dr Ivara Esege, had alleged breaches of the duty of care in the treatment of their son, while Euracare has denied the allegations of medical negligence, describing them as inaccurate and unfounded.
The court will rule on the hospital’s application on October 12.
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