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Federal Supreme Court of Ethiopia

February 07, 2024

The Federal Supreme Court of Ethiopia (Amharic: የኢትዮጵያ ፌድራል ጠቅላይ ፍርድ ቤት) is the highest court in Ethiopia. It was established by the 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 0f the Federal Supreme Court.[4] Solomon Areda Waktolla was appointed as Vice President of the Federal Supreme Court. Both were resigned by the Parliament on 17 January 2023, and replaced by Tewodros Mihret and Abeba Embiale as Chief Justice and Deputy Chief Justice of the Supreme Court respectively.[5]

Federal Supreme Court of Ethiopia
Amharic: የኢትዮጵያ ፌድራል ጠቅላይ ፍርድ ቤት
Incumbent

since 2023
TypeHighest court
SeatKing George VI St, Lideta, Addis Ababa, Ethiopia
9°02′32″N 38°45′40″E / 9.042269°N 38.761040°E / 9.042269; 38.761040
Formation1994
Websitewww.fsc.gov.et

History and overview edit

After the People's Democratic Republic of Ethiopia (PDRE) was toppled, the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF) that was dommainted by the Tigray People's Liberation Front (TPLF), formed the federal system that exists today.[1] Within the three year transition from the PDRE, the 1995 constitution was drafted and developed.[1][6] It was officially adopted in 1994 which 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 PDRE) entrusted the House of Federation (HoF) instead of the courts for solving the issues that may develop between the governmental powers.[1]

Overview of FSC edit

The Federal Supreme Court of Ethiopia was created by the 1995 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.[7] 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 edit

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.[8] 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.[8] The CCI has eleven members.[8] Six of the members are legal scholars and three are from the HOF.[9][8] The President of the Supreme Court acts as the chairperson of the CCI.[8] The Vice President of the Supreme Court is on the CCI as well and acts as the deputy chair person.[8] The role that the CCI has on constitutional review is advisory.[8][10] If the courts believe there is a case needing constitutional interpretation, they submit those cases to the HOF and CCI.[11][10]

Jurisdiction edit

The jurisdiction that the Federal Supreme Court has is very limited and exceptional.[7][1] Through the constitution, it is given the highest and final judicial power over 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 edit

The Federal Supreme Court consists of 11 judges.[2] The judges appointed serve until their retirement.[10] 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.[10] As of 2020, the President is Meaza Ashenafi.[12] The judiciary has been criticized as operating by the incumbent party.[12] The nomination of Meaza Ashefani by Prime Minister Abiy Amhed has been publicized as a way to make the judiciary more independent.[12] As of November 2018, the Vice President is Soloman Areda Waktolla.[13] 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.[10] 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.[14]

Cassation edit

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).[7] This is the only power that is reserved for the FSC by the Constitution.[7][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.[7] 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.[7] This decision by the cassation division creates a precedent that is binding.[7] Because the State Supreme Court is given such power, it leads to cassation over cassation.[7] 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 edit

  1. ^ a b c d e f g h i j k l m n o p q r "6. The Supreme Court of Ethiopia: Federalism's Bystander", Courts in Federal Countries, University of Toronto Press, pp. 165–192, 2017-12-31, doi:10.3138/9781487511470-009, hdl:21.11116/0000-0007-5573-8, ISBN 978-1-4875-1147-0, retrieved 2020-12-07
  2. ^ a b c d 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. S2CID 126968790.
  3. ^ a b "Ethiopia's Constitution of 1994" (PDF).
  4. ^ "Ethiopia gets its first female supreme court president". Reuters. 2018-11-01. Retrieved 2020-11-13.
  5. ^ AfricaNews (2023-01-17). "Head of Ethiopia's Supreme Court resigns". Africanews. Retrieved 2023-01-17.
  6. ^ 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. S2CID 145382927.
  7. ^ a b c d e f g h 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.
  8. ^ a b c d e f g Gebreselassie, Alemante (2015). "The Case for a New Constitution for Ethiopia". International Journal of Ethiopian Studies. 9 (1 & 2): 1–36. JSTOR 26554832 – via JSTOR.
  9. ^ 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.
  10. ^ a b c d e 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.
  11. ^ 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.
  12. ^ a b c Bratt, Henrik. "Uneven Playing Field: Understanding Abiy Ahmed Manipulation of Democracy in Ethiopia." (2020).
  13. ^ 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.
  14. ^ 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 (2): 123–142. JSTOR 27828895 – via JSTOR.

External links edit

  • Ethiopian Federal Courts

February 07, 2024
federal, supreme, court, ethiopia, amharic, የኢትዮጵያ, ፌድራል, ጠቅላይ, ፍርድ, ቤት, highest, court, ethiopia, established, federal, democratic, republic, ethiopia, constitution, 1994, currently, located, addis, ababa, article, constitution, establishes, judiciary, consti. The Federal Supreme Court of Ethiopia Amharic የኢትዮጵያ ፌድራል ጠቅላይ ፍርድ ቤት is the highest court in Ethiopia It was established by the 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 0f the Federal Supreme Court 4 Solomon Areda Waktolla was appointed as Vice President of the Federal Supreme Court Both were resigned by the Parliament on 17 January 2023 and replaced by Tewodros Mihret and Abeba Embiale as Chief Justice and Deputy Chief Justice of the Supreme Court respectively 5 Federal Supreme Court of EthiopiaAmharic የኢትዮጵያ ፌድራል ጠቅላይ ፍርድ ቤትIncumbentTewodros Mihret President Abeba Embiale Vice President since 2023TypeHighest courtSeatKing George VI St Lideta Addis Ababa Ethiopia9 02 32 N 38 45 40 E 9 042269 N 38 761040 E 9 042269 38 761040Formation1994Websitewww wbr fsc wbr gov wbr et Contents 1 History and overview 1 1 Overview of FSC 1 2 Council of Constitutional Inquiry 1 3 Jurisdiction 2 Membership 3 Cassation 4 References 5 External linksHistory and overview editAfter the People s Democratic Republic of Ethiopia PDRE was toppled the Ethiopian Peoples Revolutionary Democratic Front EPRDF that was dommainted by the Tigray People s Liberation Front TPLF formed the federal system that exists today 1 Within the three year transition from the PDRE the 1995 constitution was drafted and developed 1 6 It was officially adopted in 1994 which 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 PDRE entrusted the House of Federation HoF instead of the courts for solving the issues that may develop between the governmental powers 1 Overview of FSC edit The Federal Supreme Court of Ethiopia was created by the 1995 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 7 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 edit 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 8 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 8 The CCI has eleven members 8 Six of the members are legal scholars and three are from the HOF 9 8 The President of the Supreme Court acts as the chairperson of the CCI 8 The Vice President of the Supreme Court is on the CCI as well and acts as the deputy chair person 8 The role that the CCI has on constitutional review is advisory 8 10 If the courts believe there is a case needing constitutional interpretation they submit those cases to the HOF and CCI 11 10 Jurisdiction edit The jurisdiction that the Federal Supreme Court has is very limited and exceptional 7 1 Through the constitution it is given the highest and final judicial power over 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 editThe Federal Supreme Court consists of 11 judges 2 The judges appointed serve until their retirement 10 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 10 As of 2020 update the President is Meaza Ashenafi 12 The judiciary has been criticized as operating by the incumbent party 12 The nomination of Meaza Ashefani by Prime Minister Abiy Amhed has been publicized as a way to make the judiciary more independent 12 As of November 2018 update the Vice President is Soloman Areda Waktolla 13 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 10 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 14 Cassation editThe 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 7 This is the only power that is reserved for the FSC by the Constitution 7 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 7 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 7 This decision by the cassation division creates a precedent that is binding 7 Because the State Supreme Court is given such power it leads to cassation over cassation 7 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 edit a b c d e f g h i j k l m n o p q r 6 The Supreme Court of Ethiopia Federalism s Bystander Courts in Federal Countries University of Toronto Press pp 165 192 2017 12 31 doi 10 3138 9781487511470 009 hdl 21 11116 0000 0007 5573 8 ISBN 978 1 4875 1147 0 retrieved 2020 12 07 a b c d 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 S2CID 126968790 a b Ethiopia s Constitution of 1994 PDF Ethiopia gets its first female supreme court president Reuters 2018 11 01 Retrieved 2020 11 13 AfricaNews 2023 01 17 Head of Ethiopia s Supreme Court resigns Africanews Retrieved 2023 01 17 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 S2CID 145382927 a b c d e f g h 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 a b c d e f g Gebreselassie Alemante 2015 The Case for a New Constitution for Ethiopia International Journal of Ethiopian Studies 9 1 amp 2 1 36 JSTOR 26554832 via JSTOR 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 a b c d e 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 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 a b c Bratt Henrik Uneven Playing Field Understanding Abiy Ahmed Manipulation of Democracy in Ethiopia 2020 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 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 2 123 142 JSTOR 27828895 via JSTOR External links editEthiopian Federal Courts Retrieved from https en wikipedia org w index php title Federal Supreme Court of Ethiopia amp oldid 1196165908, wikipedia, wiki, book, books, library,

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