But the parents, Adichie and her husband, Dr Ivara Esege, accused the hospital of “prima facie breaches of the duty of care” in their son’s treatment.
The Euracare Multi-Specialist Hospital denied the allegations of medical negligence, describing the claim as inaccurate and unfounded.
Magistrate Adetunji adjourned the inquest to October 8 after the lawyer for Euracare Multi-Specialist Hospital, Prof. Taiwo Osipitan (SAN), informed her that the Lagos State High Court had granted a stay on the inquest pending a judicial review.
Osipitan also told the Coroner that Euracare has challenged the court’s jurisdiction, arguing that the inquest should not proceed because the child’s body had already been cremated before the inquest started.
He added that the judicial review also questions whether the Coroner’s Court can lawfully investigate the cause of death without the body.
In response, Adebola Araba from the Lagos State Attorney-General’s office said he had not seen the order.
Osipitan responded that the Attorney-General’s office had been served since Monday.
Kemi Pinheiro (SAN), who represented the deceased’s family, said they have filed and served four sworn witness statements from Dr Ivara Esege, Dr Chinwe Ego from Arizona, a medical expert from Minnesota, and Prof. Adekola from Lagos University Teaching Hospital.
Pinheiro stated that although the family must respect the stay order, he believes the inquest should eventually proceed.
“Anyone with nothing to hide shouldn’t fear an open inquest. An innocent person has no reason to fear. It is darkness that fears the light,” he said.
The senior lawyer therefore urged the Magistrate to adjourn the matter until after the court vacation, rather than to grant an indefinite delay.
The lawyer to Atlantis Pediatric Hospital, Efe Ize-Iyamu, informed the court that his client had been served with both the enrolled order and the originating motion.
Ize-Iyamu agreed with Pinheiro, stating that while the stay order bound the parties, his client had already responded with its filed processes.
In response, Osipitan argued that the key issue was whether the alleged cremation of the child’s body before the coroner’s jurisdiction was activated had legal implications.
“Whether you are fearful or fearless, there was deliberate destruction. Jurisdiction cannot be assumed. What they did is punishable by 15 years in prison. The question is whether someone who does wrong under the law can request an inquest,” he argued
Pinheiro responded that Osipitan’s submissions, based on Section 31 of the Coroner’s Law, were offensive. “We will show that inquests have been held even without the body.”
After considering the submissions, Magistrate Adetunji adjourned the case to October 8, 2026.
Justice Opesanwo, after reviewing evidence and submissions, found that Eurapharma Care Services Nigeria Limited’s application raised serious issues suitable for judicial review.
She stated, “The Court is satisfied that the Applicant has met the threshold for the grant of leave. The application is, after all, not frivolous or vexatious. It raises issues of procedure and fairness that ought to be ventilated at the substantive stage.”
The court granted Eurapharma Care Services leave to pursue judicial review and also ordered a stay on all further proceedings before the coroner’s court until the case is decided.
The applicant must file its substantive review within 14 days and serve all respondents. The case is scheduled for further hearing on June 9, 2026.
