Proclamation No. 1234/2021: Federal Courts Proclamation outlines the jurisdiction of Federal Courts, including specific provisions for the Cassation Division. The Proclamation establishes a legal framework for Federal Courts to operate with autonomy in budget, recruitment, and administration, which is considered essential for a strong judiciary.
Jurisdiction of Federal Courts (General)
Federal Courts, which include the Federal Supreme Court, the Federal High Court, and the Federal First Instance Court, derive their jurisdiction from the Constitution, Federal Laws, and international treaties ratified by Ethiopia. They are mandated to interpret and observe the provisions of the Constitution.
1. Principle of Jurisdiction (Article 3): Federal Courts shall have jurisdiction over cases arising under the Constitution, Federal Laws, and international treaties accepted and ratified by Ethiopia. Their jurisdiction also extends to parties and places specifically identified in Federal Law or the Constitution.
2. Criminal Jurisdiction (Article 4): Federal Courts have jurisdiction over a wide range of criminal cases, including crimes against the national state or a foreign state, and crimes in violation of international laws. Their purview extends to crimes related to the security and freedom of communication services operating across regions or internationally, and crimes against aviation safety. They also handle crimes involving foreign ambassadors, consuls, representatives of international organizations, or foreign states who are liable, or foreign nationals enjoying privileges and immunities, or who are victims or defendants, subject to international diplomatic laws and agreements. Further, Federal Courts have jurisdiction over crimes concerning illicit trafficking of dangerous drugs, crimes falling under the jurisdiction of courts in different regions or both federal and regional courts, as well as concurrent offenses. This also covers crimes linked to conflicts among various nations, nationalities, ethnic, religious, or political groups, and crimes against the Federal Government’s customs duty and tax revenues, or its fiscal and economic interests. Crimes against currencies, government bonds, security documents, official seals, stamps, or instruments are also included. Federal Courts hear crimes where foreigners are victims or defendants, entailing more than 5 years’ rigorous imprisonment, with certain exceptions. Crimes committed by Federal Government officials and employees in connection with their official responsibilities or duties, and crimes against Federal Government property entailing more than 5 years’ rigorous imprisonment, with certain exceptions, also fall under their jurisdiction. Other criminal cases, except for minor contraventions and certain specific cases heard by City Administration courts, are adjudicated by Federal Courts, as are cases specified by other laws.
3. Civil Jurisdiction (Article 5): Federal Courts also possess jurisdiction over various civil cases, such as matters concerning private international law and applications for the enforcement of foreign judgments or decisions. Disputes related to nationality and issues connected with bankruptcy are also covered. They handle cases involving foreign ambassadors, consuls, international organization representatives, or foreign states who are parties, or foreign nationals with privileges and immunities residing in Ethiopia, subject to international diplomatic laws. Cases where a federal government organ is a party, or those involving the property of the federal government, are within their jurisdiction, as are disputes between individuals permanently residing in different regions, or between regions and Addis Ababa/Dire Dawa cities. Cases involving the liability of federal government officials or employees due to their official responsibilities are heard, along with cases where a foreigner is a plaintiff or defendant, with certain exceptions. Federal Courts also address disputes concerning business organizations and associations registered with or established by federal government organs, cases involving negotiable instruments, and disputes arising from patent, literary, artistic-ownership rights, and insurance policies. Applications for habeas corpus fall under their civil jurisdiction. Other civil cases, particularly in Addis Ababa and Dire Dawa, not falling under the specific civil jurisdiction of City Administration Courts (which handles matters up to Birr 500,000 for money, contract, and loan disputes), are heard by Federal Courts, as are cases specified by other laws.
Jurisdiction of the Federal Supreme Court
The Federal Supreme Court has various jurisdictional powers.
1. First Instance Jurisdiction (Article 8): The Federal Supreme Court has first instance jurisdiction over applications for a change of venue from one Federal High Court Division to another, or from a Regional Supreme Court to a Federal High Court, concerning federal matters delegated to Regional Courts. It also handles cases specified by other laws.
2. Appellate Jurisdiction (Article 9): The Federal Supreme Court has appellate jurisdiction over decisions made by the Federal High Court in its first instance jurisdiction, and decisions of the Federal High Court rendered in its appellate jurisdiction that vary from the decisions of the Federal First Instance Court. It also hears decisions made by Regional Supreme Courts on federal matters in their first instance jurisdiction, when exercising delegated power, and decisions made by Regional Supreme Courts on federal matters in their appellate jurisdiction that vary from the decision of the Regional High Court, when exercising delegated power. Cases specified by other laws are also included in its appellate jurisdiction.
Cassation Jurisdiction of the Federal Supreme Court (Article 10)
The Federal Supreme Court has the power of cassation over cases that contain a basic or fundamental error of law. A “basic or fundamental error of law” is defined as a final judgment, ruling, order, or decree that significantly distorts justice and includes instances such as a violation of the Constitution, misinterpretation of a legal provision or applying an irrelevant law, not framing an appropriate issue or framing an irrelevant issue in litigation, denying a judgment to a justiciable matter, issuing an order in execution proceedings unwarranted by the main decision, absence of jurisdiction over the subject matter in dispute, an administrative act or decision contradicting the law, or contravention of a binding decision of the Federal Supreme Court Cassation Division.
The specific cases over which the Cassation Division has jurisdiction are final decisions of the Federal High Court rendered in its appellate jurisdiction, final decisions of the Federal Supreme Court Appellate Division, and final decisions of Regional Supreme Court Cassation Divisions concerning specific types of fundamental errors mentioned in the Proclamation. It also hears final decisions of Regional Supreme Court Cassation Divisions regarding cases of public interest and national importance that involve a fundamental error of law. Further, it covers final decisions of regional high courts or supreme courts on federal matters, when exercising their constitutionally delegated power, and final decisions from the highest level of Addis Ababa or Dire Dawa City Courts. Final decisions from any organ vested with judicial power or other bodies, and final decisions rendered through alternative dispute resolution mechanisms for cases that could have been filed in a federal court, are also subject to its jurisdiction, as are cases specified by other laws.
Key procedural aspects of the Cassation Division include that an interpretation of law rendered by the Cassation Division, sitting with not less than five judges, is binding on all levels of Federal and Regional Courts from the date the decision is rendered. The Federal Supreme Court is responsible for publicizing these binding decisions on legal interpretations through electronic and print media as soon as possible. A cassation division presided over by five judges may, on its own initiative or upon petition, refer a case to a cassation division of not less than seven judges if changing a previous legal interpretation is deemed necessary, providing clear and sufficient reasons. The President of the Federal Supreme Court then orders the case to be heard by the larger division. The interpretation of law by a cassation division with not less than seven judges is also binding on all levels of Federal and Regional Courts from its date of rendering. Such an interpretation can only be reviewed by a panel of not less than seven judges on the same issue. Applications for cassation must be submitted within 90 days from the date the final decision was rendered. The application must clearly state the basic or fundamental error of law, aligned with the Proclamation’s definition. A Cassation Division, initially sitting with three Federal Supreme Court judges, first determines if a fundamental error of law exists. If no such error is found, the application is dismissed. If the case has merit, issues are framed, and the respondent is summoned to reply in writing. After written exchanges, a decision is rendered, usually without further hearing, unless deemed necessary.
Jurisdiction of Federal High Court and Federal First Instance Court
1. Federal High Court First Instance Civil Jurisdiction (Article 11): This court has jurisdiction over federal civil cases arising under Articles 3 and 5 of the Proclamation, when the amount involved exceeds Birr 10,000,000 (Ten Million Birr), as well as civil cases arising in Addis Ababa and Dire Dawa, with some exceptions. It also has first instance jurisdiction over specific civil cases mentioned in Article 5(1)(a) to (e) of the Proclamation, and applications for change of venue from one Federal First Instance Court division to another or to itself. Furthermore, it has the power to render decisions, judgments, or orders to protect justiciable human rights specified under Chapter Three of the Constitution, and any person with a vested interest or sufficient reason can file a suit for this purpose.
2. Federal High Court First Instance Criminal Jurisdiction (Article 12): This court handles federal criminal cases falling under its jurisdiction according to Articles 3 and 4 of the Proclamation and other appropriate laws. It also hears other criminal cases arising in Addis Ababa or Dire Dawa cities, if they fall under its jurisdiction by appropriate laws, and handles criminal cases assigned to it by other laws.
3. Federal High Court Appellate Jurisdiction (Article 13): It has appellate jurisdiction over decisions of the Federal First Instance Court, and hears cases specified by other laws.
4. Federal First Instance Court Civil Jurisdiction (Article 14): This court has first instance civil jurisdiction over federal civil cases submitted pursuant to Articles 3 and 5 of the Proclamation. It handles other civil cases arising in Addis Ababa or Dire Dawa cities, unless judicial power is vested in other organs by law, and hears civil cases specified by other laws.
5. Federal First Instance Court Criminal Jurisdiction (Article 15): It has first instance criminal jurisdiction over federal criminal cases under Articles 3 and 4 of the Proclamation that are not referred to the High Court. It also handles other criminal cases arising in Addis Ababa or Dire Dawa cities that do not fall under the Federal High Court’s jurisdiction, unless judicial power is vested in other organs by law, and hears cases specified by other laws.
6. Federal First Instance Court Appellate Jurisdiction (Article 16): This court possesses appellate jurisdiction over matters specifically bestowed upon it by relevant laws.
Note on panel composition: Federal Supreme Court appellate divisions sit with not less than 3 judges. Federal Supreme Court cassation divisions sit with not less than 5 judges. Divisions of the Federal High Court and Federal First Instance Court are generally presided over by one judge. However, criminal charges punishable by more than fifteen years rigorous imprisonment are heard by a panel of three judges. Certain other cases may also be heard by a panel of three judges in these courts if a directive from the Federal Supreme Court allows it.