Coroner Magistrate Atinuke Adetunji fixed the new date on Wednesday after being informed that the Lagos State High Court had ordered a stay of proceedings pending the determination of a judicial review application filed by Euracare Multi-Specialist Hospital.
The matter had been scheduled for the commencement of hearing before the court was notified of the development.
Counsel to Euracare, Prof. Taiwo Osipitan (SAN), told the court that the hospital was challenging the authority of the Coroner’s Court to conduct the inquest. According to him, the body of the deceased child had already been cremated before the commencement of the proceedings.
Osipitan explained that the judicial review application seeks clarification on whether the Coroner’s Court validly assumed jurisdiction and whether it can legally investigate the cause of death without the physical body of the deceased.
He informed the court that the High Court had granted leave for the judicial review proceedings and subsequently ordered a halt to the inquest until the substantive suit is decided.
“There is also a consequential order that pending the determination of our substantive suit, this Coroner’s Court be stayed,” Osipitan said.
Responding, Adebola Araba, representing the Lagos State Attorney-General’s Office, said he had not personally seen the court order. However, Osipitan maintained that the Attorney-General’s office had been properly served with the relevant documents.
Counsel to the Adichie-Esege family, Kemi Pinheiro (SAN), told the court that four witness statements on oath had already been filed and served on all parties involved.
He identified the witnesses as the child’s father, Dr. Ivara Esege; Dr. Chinwe Ego, based in Arizona, United States; another medical expert from Minnesota, United States; and Prof. Adekola of the Lagos University Teaching Hospital.
Pinheiro stated that while the family would comply with the stay order, it remained determined to pursue the inquest.
“He who has nothing to hide should not fear an open inquest. An innocent man has nothing to fear. It is darkness that fears the light,” he said.
He also urged the court to adjourn the matter to a date after the court’s vacation period rather than leaving it indefinitely suspended.
Counsel to Atlantis Pediatric Hospital, Efe Ize-Iyamu, informed the court that his client had received the judicial review processes and the enrolled order and had already filed a response.
In a brief reply, Osipitan reiterated that the key legal issue before the High Court concerns the implications of cremating the child’s body before the coroner’s jurisdiction was invoked.
After listening to submissions from all parties, Magistrate Adetunji adjourned the matter until October 8, 2026, citing the subsisting stay order issued by the Lagos State High Court.
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