At the last sitting on February 25, the court had directed that Euracare Multi-Specialist Hospital, one of the parties involved in the inquest, should open its defence by calling witnesses.
The court also ordered all parties to file and exchange witness statements on oath before the April 14 sitting.
Evidence was expected to be taken in a sequence agreed by the parties, beginning with Euracare, followed by the family of the deceased, and then Atlantis Paediatric Hospital.
However, the proceedings were stalled on Tuesday after the court observed that none of the parties had complied with the directive to file and exchange the witness statements.
Appearing for the first time as Euracare’s lead counsel, Prof. Taiwo Osipitan (SAN) told the court that there had been no clear directive on which party should file its witness statements first.
Osipitan also informed the court that Euracare intended to file an interlocutory application seeking an order for a post-mortem examination to determine the cause of death.
He further asked the court to grant access to the deceased’s medical records from his parents, Dr. Ivara Esege and Chimamanda Adichie-Esege.
According to him, these steps were necessary to ensure fair hearing before the hospital opens its defence.
In her response, Magistrate Adetunji noted that the issue of an autopsy had already been addressed in earlier proceedings.
She referred to arguments previously presented by counsel to the Esege family, Prof. Kemi Pinheiro (SAN), who cited Section 21(1) of the Coroner Systems Law, which permits an inquest to proceed even without a post-mortem examination.
The magistrate said that position had already been accepted by both the court and the parties involved.
She added that Euracare could obtain additional materials through subpoenas or other lawful procedures, stressing that such requests should not delay the proceedings.
Magistrate Adetunji urged all parties involved to cooperate with the process and comply with court directives.
She emphasised that coroner inquests are inquisitorial rather than adversarial, explaining that the purpose of the process is to uncover the facts surrounding the death.
According to her, the proceedings are intended to provide closure for the bereaved family and help prevent similar incidents in the future.
Counsel representing the Esege family and Atlantis Paediatric Hospital, Adeniyi Kazeem (SAN), informed the court that their witness statements were ready and would be filed accordingly.
Counsel for the Lagos State Government, Adebola Araba, also said the nature of the testimonies presented would determine whether expert witnesses would be called.
The court subsequently adjourned the matter to May 5 and May 20, and later June 3, for continuation of hearing.
He died in the early hours of January 7.
The council has also issued interim suspension orders against the doctors pending the outcome of formal disciplinary proceedings.







