Constitutionality of Jurisdiction of Oromia Courts in Addis Ababa Under the Oromia Regional State Courts Proclamation No. 216/2018
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Date
2022-05
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AAU
Abstract
Federalism is the accepted form of government to Ethiopia since the 1990s. It has brought
the right to self-administration to sub-national units. The constitution of the Federal
Democratic Republic of Ethiopia (FDRE) has given regional governments (including Addis
Ababa and Dire Dawa administrations) the power to administer themselves. The power of
self-administration stretches to the legislative, executive and judiciary branch of government.
In exercising this right, the regional council of Oromia has enacted a proclamation to
establish the courts of the region, the Oromia regional state (ORS) courts proclamation no.
216/2018. By this proclamation, the regional courts of Oromia that are to be established or
organized by the regional supreme court were granted the power to entertain cases arising in
Addis Ababa so long as the case involves regional interest. This proclamation, by giving such
power to the regional courts, is said to have been in contradiction with the constitutionally
given self-governance right of the residents and/or the government of Addis Ababa which
includes establishing and administering justice organs in the city. It also seems to be against
the federal courts establishment proclamations and the civil and criminal procedure laws of
the country that requires courts to only take in to consideration the parties to a suit, the place
of the act in question etc., but not the interest of a certain region when determining whether
they have jurisdiction over a specific case or not. In this article, a look at the above
considerations has led to the conclusion that the provision of the above proclamation related
to the jurisdiction of Oromia Courts in Addis Ababa is unconstitutional and against the
principle of federalism
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Keywords
Constitutionality of Jurisdiction,Oromia Courts in Addis Ababa,Oromia Regional State Courts