Liability of Traditional Rulers for Land Disputes in Oyo State: An Examination of Customary Land Tenure

Customary land tenure remains a dominant mode of land holding across many communities in Oyo State, South West Nigeria, yet the legal liability of traditional rulers in land allocation disputes is poorly understood. This study investigates the extent to which obas and baales can be held legally liable for fraudulent or unauthorized land allocations under Nigerian customary law and statutory frameworks including the Land Use Act of 1978. Using a qualitative case study approach, the research analyses judgments from the Oyo State High Court between 2019 and 2024 and conducts in-depth interviews with 20 legal practitioners and 10 community elders in Ibadan and Ogbomoso. The findings indicate that while traditional rulers exercise significant authority over community land, their immunity from civil liability creates systemic injustice for landowners who suffer losses following disputed allocations. The study argues that existing frameworks inadequately address the intersection of customary authority and statutory land rights, resulting in prolonged litigations that undermine rural economic development. Furthermore, the research explores how women and youth, particularly in peri-urban communities, face disproportionate disadvantages in land dispute proceedings. The study recommends the codification of traditional land allocation rules and the introduction of liability standards for customary title holders. Keywords: customary land tenure, traditional rulers, liability, Land Use Act, Oyo State