Legal expert Olisa Agbakoba has said that the Lagos State Government lacks the legal authority to directly probe the circumstances leading to the death of Chimamanda Adeche’s son, stressing that the law does not permit the governor to initiate such an investigation.
Agbakoba explained that the law primarily empowers the child’s parents to seek justice for their 21-month-old son, Nkanu Nnamdi, through established legal procedures.
His comments came on Monday following the Lagos State Government’s directive to the Health Facility Monitoring and Accreditation Agency (HEFAMAA) to commence what it described as a thorough, independent, and transparent investigation into the incident.
However, speaking during an interview on a popular television programme, Agbakoba noted that the action taken by the Babajide Sanwo-Olu-led Lagos State Government may have been done in good faith, considering the profile and public standing of the child’s mother.
He emphasised that the only lawful pathway for determining the cause of death is through a coroner’s inquest, during which the hospital would be required to present its defence. He added that the process could then extend to the Medical and Dental Council of Nigeria and, if necessary, the High Court, which he described as the recognised legal structures for addressing such cases.
According to him, “No, they can’t. The proper procedure is for Chimamanda to initiate the process. Given the sudden loss of the baby and the fact that she lives abroad, I understand she has engaged legal counsel.
“What would likely happen is that her lawyer would engage the hospital to establish what went wrong or what did not. From what we have seen so far, the hospital does not appear to be accepting responsibility.
“Where a death has occurred, the next step would be for Chimamanda to demand a full medical record.
“Let us assume the governor acted in good faith based on her status. I would not say, technically, that he has jurisdiction to order a probe. There is a statutory process for such inquiries, which is the coroner’s inquest. That is where the hospital will make its defence.
“From there, the matter can proceed to the Medical and Dental Council and, if necessary, to the High Court. Those are the proper legal structures.”
