The hospital had argued that the cremation of Nkanu's body nullified the coroner's jurisdiction and claimed that the order for receiving evidence infringed on their right to a fair hearing. However, Justice Opesanwo clarified that the absence of the body does not invalidate the need for an inquest.
Nkanu died on January 7, 2026, following medical procedures, prompting scrutiny into the circumstances surrounding his passing. The court emphasized that the coroner's inquiry is a statutory obligation rather than a discretionary measure.
“The provision gives no room for discretion in deciding to conduct an inquest when a death falls within specific categories,” Justice Opesanwo stated. She explained that the law does not require the deceased's body to be present in the coroner's district during the inquest.
The judge also rejected the hospital's assertion that the cremation would lead to speculative conclusions. “I am not persuaded that the cremation of the body means the inquest will be based on conjecture,” she said.
Justice Opesanwo further emphasized that the inquest is a fact-finding mission intended to establish the circumstances of a death rather than a trial aimed at apportioning blame. “No one is on trial in a coroner’s court,” she added.
The judge noted that the hospital's objections were based on misunderstandings about the nature and purpose of a coroner's inquiry. She affirmed that the coroner has the discretion to determine the order of evidence presented, which does not infringe on the right to a fair hearing.
In light of these findings, Justice Opesanwo struck out the hospital's application, paving the way for the inquest to proceed. This development marks a significant step in the investigation surrounding Nkanu Esege's death, as stakeholders await further proceedings.
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