Chimamanda: Agbakoba Seeks Probe as Public Awaits Appointment of Coroner by Lagos

• Rights activist says his law firm handing over 25 cases of medical negligence  

•Commiserates with renowned author, other affected families

Emmanuel Addeh in Abuja and Wale Igbintade, Sunday Ehigiator in Lagos

Renowned lawyer, Dr. Olisa Agbakoba (SAN) yesterday raised the alarm over what he described as a worsening medical negligence crisis in Nigeria, calling for an immediate and comprehensive overhaul of the country’s health regulatory framework.

The former President of the Nigerian Bar Association (NBA) said the death of Nkanu, the 21-month-old son of Nigerian author Chimamanda Adichie and her husband, Ivara Esege, must offer an opportunity to reform the health system in Nigeria.

He made the remarks on two separate occasions, including in a statement he issued on the Chimamanda matter as well as while speaking last night on a national television, calling for a probe into the death of the toddler.

This came even as Nigerians await the appointment of a Chief Coroner by the Lagos State government in line with the existing law.

The Lagos State Coroner Law mandates autopsies and coroner inquests for deaths that are violent, unnatural, suspicious, or occur under unclear circumstances, including some maternal deaths, to determine the cause and circumstances, overriding religious or traditional objections to medical examination.

The law empowers the Chief Coroner to order post-mortems to uncover facts, prevent future avoidable deaths, and establish medical truth, requiring reports to the coroner and potentially leading to criminal investigations if foul play is suspected.

A key provision in the law is that  cases of suspicious or unnatural deaths or  where the cause isn’t clear require a coroner’s inquest to find the medical cause, time, and circumstances of death, establishing facts beyond superstition or guesswork.

A key provision in the law is that  cases of suspicious or unnatural deaths or  where the cause isn’t clear require a coroner’s inquest to find the medical cause, time, and circumstances of death, establishing facts beyond superstition or guesswork.

The question now  is: has the autopsy been conducted? If yes, why has the result not been made public to establish once and for all the cause of death? And when will the Lagos state government set up a coroner’s inquest?

Besides, the law empowers the coroner to order autopsies even if families object on religious or traditional grounds, as such objections aren’t valid defenses against the law.

Specifically, autopsies are required when sudden deaths occur in hospitals where the cause isn’t immediately obvious or occurs shortly after admission and  foul play is suspected. A verdict detailing how, when, and where the person died is eventually reached, while referral for criminal investigation is made if a suspect is identified.

In essence, the law aims to bring transparency to deaths, provide closure, and gather crucial data for public health and justice.

But speaking on television, Agbakoba said: “This issue here ought to be a lesson to us all; it ought to be a lesson to the Nigerian government. It is not enough for the Lagos State governor to have made a broadcast; I commend him for that, but what will change is the issue. The child of Chimamanda must not be allowed to have died in vain.

“If it will lead to a complete reform of the medical system, so be it, and that is what is required. We need to have a new medicare system in Nigeria. That should be the way we should go forward.”

The celebrated author has already served Euracare Hospital in Lagos with a legal notice, alleging that medical negligence and professional impropriety led to the death of her son. The family alleges that Nkanu died due to medical negligence on the part of Euracare Hospital.

Separately, in a statement,  Agbakoba, who said he has spent over 20 years handling medical malpractice cases and has been involved in more than 50 such matters, described the incident as emblematic of deep-rooted systemic failures in healthcare delivery and regulation.

He noted that the reported administration of Propofol in the case required exceptional care due to its known risks, including cardio-respiratory failure, adding that overdose could be fatal.

“I am, quite honestly, not shocked that such a simple procedure at an acclaimed hospital has ended so terribly,” he said, pointing to what he described as widespread incompetence in some health facilities.

Agbakoba commended the Lagos State Government for pledging to investigate the incident and also acknowledged the hospital involved, Euracare, for agreeing to cooperate with investigators.  However, he stressed that investigations must be independent and transparent.

“I have witnessed instances where medical records are altered to avoid culpability,” he warned.

The senior lawyer said the issue was also personal, recounting experiences of misdiagnosis and near-fatal medical errors affecting members of his family.

He further cited several high-profile and lesser-known cases across the country, including deaths from delayed medical response, surgical negligence, improper procedures, and wrong medication, as evidence of a systemic crisis rather than isolated incidents.

Agbakoba criticised what he described as the conflation of policy-making and regulatory enforcement roles by ministers and commissioners of health, calling it a fundamental governance failure.

He advocated a clear separation of responsibilities, with independent regulatory bodies empowered to inspect, monitor, and sanction health facilities and practitioners.

He also commiserated with families affected by medical negligence, including Chimamanda Ngozi Adichie, describing the recent high-profile case as only “the visible tip of a much larger crisis” affecting countless Nigerian households.

In a statement earlier, the Special Adviser to Governor Babajide Sanwo-Olu on Health, Kemi Ogunyemi,  said the Health Facility Monitoring and Accreditation Agency (HEFAMAA) had visited the facility and begun a comprehensive review of all reports and allegations.

“It is only after a thorough review of all medical investigation the child’s death that medical negligence can be established and those responsible held accountable. For now it is premature to use that language,”  a medical practitioner who pleaded to remain anonymous declared to THISDAY.