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Branham Chima
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Branham Chima

  • Curriculum Vitae: https://docs.google.com/document/d/1dZ6k77i2xCrqFC52BpS_Q9a45_ymuYiw93nUU9WduQU/edit?usp=sharing

    LinkedIn - https://www.linkedin.com/in/branhamchima/edit
The concept of cause of action in Nigerian law serves as a fundamental pillar upon which the framework of civil and criminal litigation rests. By requiring plaintiffs to state the specific legal and factual basis for their claims, cause... more
The concept of cause of action in Nigerian law serves as a fundamental pillar upon which the framework of civil and criminal litigation rests. By requiring plaintiffs to state the specific legal and factual basis for their claims, cause of action promotes clarity, fairness, and due process within the legal system. Through adherence to established principles of pleading and procedural rules, litigants can navigate legal proceedings with confidence. As echoed by the Latin maxim ubi jus ibi remedium (where there is a right, there is a remedy), cause of action ensures that individuals and entities have access to the courts to seek redress for grievances and vindicate their legal rights. It fosters legal certainty, predictability, and judicial efficiency, thereby upholding the rule of law and promoting the administration of justice in Nigeria. In the pursuit of equitable outcomes and the resolution of disputes, cause of action serves as a flag of clarity amidst the complexities of litigation, guiding parties and the courts towards the attainment of just and equitable solutions.
The impetus for this article stems from the recent announcement made by FinTech companies such as Opay, PalmPay, Moniepoint, Paga, and others, regarding the blocking of accounts and the transmission of user data to authorities for... more
The impetus for this article stems from the recent announcement made by FinTech companies such as Opay, PalmPay, Moniepoint, Paga, and others, regarding the blocking of accounts and the transmission of user data to authorities for individuals engaging in cryptocurrency trading through their banking platforms. This article delves into the implications of this notice, exploring the associated issues, and examines the suitability of prohibiting cryptocurrency, a form of digital asset.
Cryptocurrency trading in perpetual futures contracts has surged in popularity, offering traders a chance to speculate on digital asset prices without expiration dates. This market's volatility provides both profit opportunities and... more
Cryptocurrency trading in perpetual futures contracts has surged in popularity, offering traders a chance to speculate on digital asset prices without expiration dates. This market's volatility provides both profit opportunities and risks, as traders must accurately predict price movements to gain. Various strategies are employed, serving as guides for entry/exit points and risk management. Effective risk management, including margin sizing and stop-loss orders, is crucial amidst market unpredictability. Understanding regulatory landscapes is vital due to potential impacts on strategies and market dynamics. This paper delves into cryptocurrency traders' common strategies in perpetual futures, ranging from trend-following to arbitrage.
This case is relatively sentimental to me. Why? It involved a situation where an entire family would have been wiped out the surface of the earth if not for the interference of the Supreme Court of Nigeria which overruled the decision of... more
This case is relatively sentimental to me. Why? It involved a situation where an entire family would have been wiped out the surface of the earth if not for the interference of the Supreme Court of Nigeria which overruled the decision of the Court of Appeal which overruled the trial court. The trial court found the accused liable for manslaughter. On appeal, the Appeal Court, found the accused for murder. The Supreme Court reversed the Court of Appeal. The background of this case as reported below will throw more beam on the sentimental and familial nature of this case. I studied this case for the first time when I was in 300L at the Faculty of Law, University of Benin; that should be about 2020 but certainly the 2019/2020 academic session. This case was introduced to my class by one of my criminal law lecturers known as Mrs. Hadiza Okunrobo (Esq.); we had a discussion of this case in class with my classmates taking different sides whether for conviction on murder or manslaughter, or even discharge and acquittal. This was then.
Recently, i.e., after my final exams as an undergraduate, I picked up the case again for a reread. Actually, what spurred my rereading of the case again was because a certain person asked that I summarise the case. So, I went for a reread of it. It was then my zeal to write an article (this one) on this case was birthed. The simple but important point in this case for me is that the accused/Appellants should have been discharged and acquitted by the Supreme Court for the singular reason that manslaughter (as found) by the Supreme Court cannot hold sway when the facts of the case is critically looked at. This writing will go through the background of the case, the finding of the respective courts, and my submissions for why the accused/Appellants should have been discharged and acquitted.
In this paper, we will delve into the groundbreaking case of The Federal Republic of Nigeria (FRN) v. Process & Industrial Developments Limited (P&ID) [2023] EWHC 2638 (Comm) (‘FRN v. P&ID’), uncovering the valuable lessons learned and... more
In this paper, we will delve into the groundbreaking case of The Federal Republic of Nigeria (FRN) v. Process & Industrial Developments Limited (P&ID) [2023] EWHC 2638 (Comm) (‘FRN v. P&ID’), uncovering the valuable lessons learned and exploring its profound implications for Nigeria’s legal system. Discovering the pivotal insights gained from this precedent-setting legal battle and gain a deeper understanding of how it shapes the future of contractual agreements, arbitration, foreign investments, and the fight against corruption.
Wherever there are human beings and interactions, disputes are bound to arise. What makes a system effective is how the disputes arising in such system are resolved, taking into consideration the minimal want for loss in profit and... more
Wherever there are human beings and interactions, disputes are bound to arise. What makes a system effective is how the disputes arising in such system are resolved, taking into consideration the minimal want for loss in profit and reputation. The African continental free trade area agreement has a dispute settlement mechanism quite modelled after the WTO dispute settlement unit. How does the dispute settlement mechanism under the AfCFTA works? How effective is the process for resolving disputes? What are the advantages and drawbacks? Africa has a population of over 1.3 billion inhabitants, and the AfCFTA seeks to make sale of goods and services transactional (freely moved) among African countries; disputes are bound to arise from these transactions, how will the disputes be resolved? This paper sheds light on the procedures involved for the settlement of disputes in the AfCFTA - how effective it may be judging from other regions which have adopted same styled dispute resolution framework. It is projected that the dispute settlement mechanism will be effective in settling disputes; the major drawback, inter alia, being the exclusivity of the mechanism to state Parties only, and private businesses not contemplated under the AfCFTA Protocol.
Following the publication of the Land Use Panel's 1978 report, the Nigerian military head of State, General Olusegun Obasanjo, at the time the Act was promulgated announced in a special broadcast to the country: "All Nigerians are... more
Following the publication of the Land Use Panel's 1978 report, the Nigerian military head of State, General Olusegun Obasanjo, at the time the Act was promulgated announced in a special broadcast to the country: "All Nigerians are collectively owners of all land in the country and the rights of all Nigerians to use and enjoy the land of the country … Ownership of land per se is irrelevant. What is important is the use to which land is put and no Government should abdicate its responsibility in respect of a proper planning of Land Use within its territory."
Trespass is a very important and pivotal topic in the area of private and property law. The law of trespass to land tends to protect an individual's right to his property hence giving significance to the concept of ownership or enjoyment... more
Trespass is a very important and pivotal topic in the area of private and property law. The law of trespass to land tends to protect an individual's right to his property hence giving significance to the concept of ownership or enjoyment of land. The extant problem is that some persons do not know the types of trespass, or where they do, cannot appropriately dichotomise the types. Like varying concepts in law, there are varying types of trespass, and in this is “trespass to land”, and even within “trespass to land” there are still varying types. This paper sheds light on a type of trespass to land called “continuous trespass to land” for a basic reader to comprehend.
Youth empowerment is a focal point for any region's growth. It cannot be overemphasized the economic growth, diversification, and industralisation that will occur where and when the youths (the engine of the society) is economically... more
Youth empowerment is a focal point for any region's growth. It cannot be overemphasized the economic growth, diversification, and industralisation that will occur where and when the youths (the engine of the society) is economically empowered and gainfully employed. However, African youths are far from being empowered as many are still jobless, and having several factors militating their future in Africa, particularly in the country Nigeria where the University system has been on shut down for seven months plus. This writer was able to come across research and statistics (cited) depicting the level of unemployment in Africa. According to Statista, youth unemployment in Africa is averaging 13% presently. Djibouti achieved 80% youth unemployment in 2021. It is noteworthy that Africa accounts for 17% of world population but only 3% of world GDP. This paper argues that through entrepreneurship trainings, startup incentives, and other youth empowerment programs enumerated, Africa will leverage itself to attaining AGENDA 2063 thereby achieving economic diversification and regional industralisation. The African continental free trade area agreement having a role to play too.
Wherever there are human beings and interactions, disputes are bound to arise. What makes a system effective is how the disputes arising in such system are resolved, taking into consideration the minimal want for loss in profit and... more
Wherever there are human beings and interactions, disputes are bound to arise. What makes a system effective is how the disputes arising in such system are resolved, taking into consideration the minimal want for loss in profit and reputation. The African continental free trade area agreement has a dispute settlement mechanism quite modelled after the WTO dispute settlement unit. How does the dispute settlement mechanism under the AfCFTA works? How effective is the process for resolving disputes? What are the advantages and drawbacks? Africa has a population of over 1.3 billion inhabitants, and the AfCFTA seeks to make sale of goods and services transactional (freely moved) among African countries; disputes are bound to arise from these transactions, how will the disputes be resolved? This paper sheds light on the procedures involved for the settlement of disputes in the AfCFTA - how effective it may be judging from other regions which have adopted same styled dispute resolution framework. It is projected that the dispute settlement mechanism will be effective in settling disputes; the major drawback, inter alia, being the exclusivity of the mechanism to state Parties only, and private businesses not contemplated under the AfCFTA Protocol.
The words of Niki Tobi JSC in Orugbo v. Bulara remains evergreen: "Fair hearing is not a cut-and-dry principle which parties can, in the abstract, always apply to their comfort and convenience. It is a principle which is based and must... more
The words of Niki Tobi JSC in Orugbo v. Bulara remains evergreen:

"Fair hearing is not a cut-and-dry principle which parties can, in the abstract, always apply to their comfort and convenience. It is a principle which is based and must be based on the facts of the case before the court. Only the facts of the case can influence and determine the application or applicability of the principle."
The purpose of writing this paper is to better clarify what the terms "ownership" and "possession" signifies, and at least provide a definition deductively for the terms. Getting a judicial definition of "ownership" and "possession" in... more
The purpose of writing this paper is to better clarify what the terms "ownership" and "possession" signifies, and at least provide a definition deductively for the terms. Getting a judicial definition of "ownership" and "possession" in music was impossible as judicial cases in this field are few, particularly local.

The writers used authorities such as the Copyright Act 2004, and several other legal authorities (statutes, articles, internet webpages, textbooks) in the course of this paper writing, and for research purposes.

After reading this paper, you should be better enlightened as to what ownership and possession in musical and entertainment works entails.
Discourse were also made on the challenges faced by creators in the industry; and this work ended with solutions proffered for fighting such challenges.
The sustainable development goals are vital for an improved economic, social, and environmental conditions. The sustainable development goals were passed by the United Nations Security Council and will be worked on among states for the... more
The sustainable development goals are vital for an improved economic, social, and environmental conditions. The sustainable development goals were passed by the United Nations Security Council and will be worked on among states for the years preceding 2030.

While the sustainable development goals are economic, social, and environmental in purpose; one may be forced to think that intellectual property law has no direct stake in advancing it. Such is not entirely true as this essay will show, intellectual property law has a big role to play in the achievement of some of the sustainable development goals.
Marital dispute is when husband and wife (or as the case may be in civil unions) disagree over certain aspects which makes at least one of the parties unhappy or unable to live with the other party. Marital disputes are serious issues... more
Marital dispute is when husband and wife (or as the case may be in civil unions) disagree over certain aspects which makes at least one of the parties unhappy or unable to live with the other party. Marital disputes are serious issues which when arise should be treated with utmost urgency. History holds that some marital disputes have led to more displeasing effects such as murder, assault, and other heinous crimes, by one of the party on the other. Marital disputes are sensitive and are to be addressed once they uprise.

Marital disputes may lead to physical, emotional, or sexual abuses.
Making the Nigerian citizens aware of taxation, its benefits, and also making the process of paying and collection of taxes seamless, added with public notices on how the taxed money be utilised will create trust in the citizens, and will... more
Making the Nigerian citizens aware of taxation, its benefits, and also making the process of paying and collection of taxes seamless, added with public notices on how the taxed money be utilised will create trust in the citizens, and will propel tax payments rather than evasion.