Cassation File No. 250725

Cassation File No. 250725

250725

• Date: Sene 27, 2016 E.C..
• Applicant: W/ro Wude Zeleke.
• Respondents: 1. W/ro Atatu Irko and 2. Heirs of the late Ato Dereje W/Yohannes.
• Judges: Etmet Assefa, Dejene Ayansa, Nuredin Kedir, Melaku Kassaye, and Habtamu Erk-yihun.
• Summary of the Case: This case reached the cassation level primarily on a procedural ground: one of the three judges sitting on the Federal Supreme Court appellate bench had not been officially appointed by the House of Peoples’ Representatives but was instead “assigned” to the position by the Judicial Administration Council.
• Legal Rule: According to FDRE Constitution Article 81(2) and Proclamation No. 1233/2013, federal judicial power is exercised only by judges duly appointed by the House of Peoples’ Representatives. Temporary assignments by the Council do not confer the status of a “judge” for the purpose of fulfilling the constitutional requirements of a valid bench.
• Reasoning: Since the appellate bench was composed of only two legally appointed judges and one assigned individual, it was an “incomplete bench” under the law. Any decision rendered by such a bench lacks legal validity and fails to uphold the principle of the rule of law and public trust.
• Ruling: The decision of the appellate court was reversed, and the case was remanded to be heard by a legally constituted bench.