Guideline for family problems / Best Practices on resolving family problems in Ogun state

Best Practices on resolving land problems in Ogun state

In 2023, HiiL launched the land justice guideline for practitioners in the Ogun state in Nigeria in collaboration with the Office of the Attorney General of Ogun state and Hon Justice Ogunfowora. The recommendations drawn from HiiL’s international literature review to resolve land disputes were validated by experts in Ogun state as effective in resolving land disputes in the state.

To collect the best practices of local experts, HiiL consulted 92 practitioners in Ogun State including judges, policymakers, lawyers, paralegals, cultural- and religious leaders, paralegals and others. These insights of local experts show what has proven to work for practitioners in a specific region. Practitioners across Nigeria can adapt the best practices to suit the needs of the geography in which they work.

In the below section, we compare the best practices of local experts with recommendations drawn from the literature review. The ones that are not in line with the literature need further research.

Best practices on procedures to resolve land disputes

Practitioners adopt customary conflict resolution methods, assisted mediation, and adjudication for resolving these disputes. Customary arbitration is the most widely used means of conflict resolution. Here is an overview of suggested practices on procedure:


Attempts to resolve land disputes start with the families. When families are unable to resolve them, it is then referred to the community heads. Complaints can also be laid directly to local chiefs, by aggrieved community members.	In line with literature research
Once complaints are received, parties are invited (sometimes in writing) and each side is allowed to state his case. Mediators also conduct independent fact-finding and sometimes visit the lands to ascertain facts.	Other practice
Once facts are established, parties are informed of the decision of the traditional rulers. Decisions include pronouncing on ownership rights, distribution of resources or management arrangements. Aggrieved parties however take the case further by seeking judicial institutions from the courts.	Other practice
Ogun State has multi-door courthouses in five locations. The procedure in each location is the same. Cases are entertained through walk-ins and court referrals. The multi-door court proceedings are guided by rules of procedure but we learned in at least one case that officials are informal in the application of the rules and adopt measures that fit the circumstance of each case.	In line with literature research
Fact-finding is similar to the procedure adopted in customary arbitration. Thus parties are allowed to state their respective cases.	In line with literature research
The mediator caucuses with parties where necessary and where the dispute is a boundary issue. Mediators are selected from a pool of available lists. While parties are generally free to select mediators, in practice however, the choice is usually made for them by the officials. Mediators help parties to reach agreements by sometimes appealing to family, cultural and religious values that parties hold dear.	In line with literature research
Parties are free to participate or reject mediation attempts except in court-referred cases. Mediator’s report indicates the unwillingness of parties to participate. While we did not get any information as to whether the reports influence adjudication outcomes, we learned that officials are invited to give evidence in court. They give evidence of their foreknowledge of the parties case and attitude and we can conclude that it does affect the outcomes in such cases.	Other practice
Surveyors from the lands department in the state are limited to conduct survey and prepare reports. The reports guide and help parties reach agreement.	In line with literature research
Parties who reject customary arbitration or mediation take their dispute to court. Proceedings in the court are governed formally. Three levels of court entertain land disputes in Ogun State to wit: the Customary Court, the Customary Court of Appeal and the State High Court. Save for the customary	Other practice
court where proceedings are structured in line with customary arbitration procedures, with the exception that proceedings are formally recorded and decisions are enforceable and appealable, proceedings in the other courts are the same. Parties are represented by attorneys and decisions involve declaring the right of parties.

Best practices on procedures to resolve land disputes


The majority of the respondents agree that ADR is more effective at resolving land disputes. Generally, it is conceded that ADR which includes customary arbitration and mediation are faster. Cases take as little as 2-3 hours to resolve in many instances, and sometimes less. All the respondents interviewed state that ADR lasted between 2-3 months and produced results. There is also a general consensus that agreements are quicker to reach with ADR. In the cases we analyzed, mediators/arbitrators focus on helping parties reach amicable agreements which include equitable distribution of land and land resources, compensation for loss and joint management of family property.	In line with literature research
Attempts to help parties reach negotiated agreements include addressing the underlying cause of the disputes. We found for example, that inheritance disputes are mostly a fall out of feelings of exclusion. Mediators attempt to address this root cause by helping parties to achieve closure in such cases before they agree to make concessions. The same method is adopted in resolving disputes arising from encroachment and boundary claims. The results are often effective as parties are satisfied with the outcome.	In line with literature research
ADR methods identified above focused on preserving peaceful relationships between disputing parties and peaceful co-existence in the community. In a number of cases, community leaders dissuade resort to litigation by indicating a desire to testify on behalf of parties who succeeded in customary arbitration. Whether this practice suppresses legitimate attempts to seek redress needs to be researched further.	Other practice
It is not a common practice to adopt alternative dispute resolution in the courts, judges adopt it in cases that they consider as deserving. Judges adopt ADR where the dispute is between family members or between individuals. Suggestions they make include payment of compensation, partitioning family land and recommendations that family leaders facilitate resolutions.	In line with literature research

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