Constitutionality of Jurisdiction of Oromia Courts in Addis Ababa Under the Oromia Regional State Courts Proclamation No. 216/2018

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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



Constitutionality of Jurisdiction,Oromia Courts in Addis Ababa,Oromia Regional State Courts