Federal Supreme Court of Ethiopia

The Federal Supreme Court of Ethiopia is the highest court in Ethiopia. It was established by the FDRE (Federal Democratic Republic of Ethiopia) Constitution in 1994 and is currently located in Addis Ababa.[1] Article 78 of the Constitution establishes the judiciary and at the top is the FSC.[2] By the Constitution, the Federal Supreme Court has "the power of cassation over any final court decision containing a basic error of law".[3] In 2018, Prime Minister Abiy Ahmed appointed Meaza Ashenafi to be the first female president of the Federal Supreme Court.[4]

History and Overview

After the Mengistu regime was toppled, the liberation front that was composed of many different political and ethnic groups created the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF).[1] The EPRDF, which was composed of the Tigray People's Liberation Front (TPLF) and its allies, formed the federal system that exists today.[1] Within the three year transition from the Derg, the Constitution was drafted and developed.[1][5] It was officially adopted in 1994 after created the federal and state governments in Ethiopia.[1] The Constitution was able to establish judicial, executive, and legislative powers for the federal and state governments.[1] However, the framers of the Constitution (who did not trust the judiciary under the Derg) entrusted the House of Federation instead of the courts for solving the issues that may develop between the governmental powers.[1]

Overview of FSC

The Federal Supreme Court of Ethiopia was created by the FDRE Constitution.[1] The Constitution was able to successfully establish a dual court system.[3] In the Constitution, the Federal Supreme Court was given "supreme federal judicial authority".[1] Over federal issues and matters, the Federal Supreme Court is given the final word.[6] With the mandate, the regional states in Ethiopia were able to develop and create their own supreme, high, and first-instance courts.[1] The Federal Supreme Court resolves the disputes over jurisdiction that may be among those federal and municipal courts in Dire Dawa along with Addis Ababa.[1]

Council of Constitutional Inquiry

The ability to interpret the Constitution and decide on cases that entertain these constitutional issues is given to the House of Federation instead of the courts.[7] The Council of Constitutional Inquiry ("CCI") was created in addition to the House of Federation in order to help the HOF in interpretation and investigation of constitutional issues.[7] The CCI has eleven members.[7] Six of the members are legal scholars and three are from the HOF.[8][7] The President of the Supreme Court acts as the chairperson of the CCI.[7] The Vice President of the Supreme Court is on the CCI as well.[7] The role that the CCI has on constitutional review is advisory.[7][9] If the courts believe there is a case needing constitutional interpretation, they submit those cases to the HOF and CCI.[10][9]

Jurisdiction

The jurisdiction that the Federal Supreme Court has is very limited and exceptional.[6][1] Through the Constitution, it is given the highest and final judicial power over the federal issues.[1] The FSC is the highest court of appeal in the Ethiopian federal judiciary.[1] It has "first instance" and "appellate" jurisdiction.[2] The abuses of the federal government and the offenses that exist, offenses where international diplomats are liable for are under the "first instance" jurisdiction.[2]

Membership

The Federal Supreme Court consists of 11 judges.[2] The judges appointed serve until their retirement.[9] The President and Vice President of the Federal Supreme Court of Ethiopia are appointment by the House of Peoples' Representatives after nomination by the Prime Minister.[9] As of 2020, the President is Meaza Ashenafi.[11] The judiciary has been criticized as operating by the incumbent party.[11] The nomination of Meaza Ashefani by Prime Minister Abiy Amhed has been publicized as a way to make the judiciary more independent.[11] As of November 2018, the Vice President is Soloman Areda Waktolla.[12] Other judges for federal courts are selected by the Federal Judicial Administrative Council (a group of 10 members chaired by the President of the FSC) and submitted to the HOPR by the Prime Minister for appointment.[9] Article 81 of the Constitution gives the Prime Minister the ability to nominate the members of the FSCR and Article 83 allows the resolution of constitutional disputes by the HOR.[13]

Cassation

The Federal Supreme Court has the power of cassation over state matters which creates controversy among legal scholars and officials (lawyers and judges within the country).[6] This is the only power that is reserved for the FSC by the Constitution.[6][1] There is a panel of five or more federal judges that make the decision.[1] The Federal Supreme Court cassation division reviews the final decisions on federal issues.[6] In addition, the FSC is given the ability to review the final decisions of the State Supreme Court.[1] The State Supreme Court is also given this cassation power however the division within the FSC goes over the final decisions of a State Supreme Court.[6] This decision by the cassation division creates a precedent that is binding.[6] Because the State Supreme Court is given such power, it leads to cassation over cassation.[6] One of the reasons this remains a highly controversial issue is that the line of jurisdiction become hazy.[1] There is no definite meaning in the Constitution that delineates the difference between a federal and state legal issue.[1]

References
  1. "6. The Supreme Court of Ethiopia: Federalism's Bystander", Courts in Federal Countries, University of Toronto Press, pp. 165–192, 2017-12-31, ISBN 978-1-4875-1147-0, retrieved 2020-12-07
  2. Beru, Tsegaye (2013). "Brief History of the Ethiopian Legal Systems - Past and Present". International Journal of Legal Information. 41 (3): 335–388. doi:10.1017/s0731126500011938. ISSN 0731-1265.
  3. "Ethiopia's Constitution of 1994" (PDF).
  4. Reuters Staff (2018-11-01). "Ethiopia gets its first female supreme court president". Reuters. Retrieved 2020-11-13.
  5. Hessebon, Gedion T (2013-07-18). "The Precarious Future of the Ethiopian Constitution". Journal of African Law. 57 (2): 215–233. doi:10.1017/s0021855313000090. ISSN 0021-8553.
  6. Tura, Hussein Ahmed (2014-07-30). "Uniform Application of Law in Ethiopia: Effects of Cassation Decisions of the Federal Supreme Court". The African Journal of Legal Studies. 7 (2): 203–231. doi:10.1163/17087384-12342035. ISSN 2210-9730.
  7. Gebreselassie, Alemante (2015). "The Case for a New Constitution for Ethiopia". International Journal of Ethiopian Studies. 9: 1–36 – via JSTOR.
  8. Mulu, Anchinesh Shiferaw. "The Jurisprudence and Approaches of Constitutional Interpretation by the House of Federation in Ethiopia." Mizan Law Review 13.3 (2019): 419-441.
  9. Mgbako (2008). "Silencing the Ethiopian Courts: Non-Judicial Constitutional Review and its Impact on Human Rights". Fordham International Law Journal. 32: 259–297 – via Google Scholar.
  10. Assefa, Fiseha (2016-03-03). "Part III The Relationship Between the Judiciary and the Political Branches, 11 Relations Between the Legislature and the Judiciary in Ethiopia". Separation of Powers in African Constitutionalism. doi:10.1093/law/9780198759799.003.0012.
  11. Bratt, Henrik. "Uneven Playing Field: Understanding Abiy Ahmed Manipulation of Democracy in Ethiopia." (2020).
  12. admin (2018-11-01). "Another historic day as Ethiopia supreme court gets first female president, and a prominent lawyer as vice president". Satenaw Ethiopian News/Breaking News/. Retrieved 2020-12-08.
  13. Mariam, Alemayehu (2008). "Human Rights Matters in the New Millennium: The Critical Need for an Independent Judiciary in Ethiopia". International Journal of Ethiopian Studies. 3: 123–142 – via JSTOR.
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