The Judicial System of Ethiopia: From ‘Empire’ to ‘Military Junta’ to ‘Federal Democratic Republic’: A Legacy Perspective

Abstract

Ethiopia in her journey from an imperial regime to a Federal Democratic Republic polity has witnessed different judicial systems that has emerged from, and premised on, the then prevalent political philosophy and ideology. During the era of Emperor Menelik II, the judiciary was considered a part of the executive as the Ministry of Justice. Afe Negus, was the head of the judges and was entrusted with the responsibility of ensuring that the judges delivered justice in accordance with the ‘Fetha Negast’. Emperor Haile Selassie I, who took keen interest in codification of the laws, promulgated two Constitutions in 1931 and 1955 respectively during his reign and injected the idea of independence of judiciary and adjudication according to law. However, military junta, which suspended operation of the Revised Constitution (1955), made the judicial system amenable to executive and hence a crippled institution. The contemporary three tier judicial system established under, and governed by, the FDRE Constitution (1995) asserts judicial independence and justice according to law. But the constitutional paradigm, contrary to the constitutional assertion, does not assure structural and functional autonomy to courts and through a couple of calculative designs, leaves scope for executive interference in the administration of justice. This paper not only traces the judicial system of Ethiopia which is in vogue, but also highlights the inherent defects in its structural and functional facets and pleads for apposite reforms.

Public Administration Developments in Ethiopia Under Three Different Regimes

“…Certain rights included in the Universal Declaration of Human Rights (1948), like civil and political rights, were incorporated into the revised Constitution of 1955; however, they were severely qualified and little protected in practice (Amnesty International, 1978. p. 5). According to the provisions of the revised Constitution, the emperor was granted the following powers: he is head of state and government; oversees justice through Zufan Chilot (Crown Court); proposes laws; approves all laws; appoints/dismisses ministers, judges, and members of chambers; dismisses the houses of Parliament; acts as commander in chief of the National Army; and appoints bishops (Vibhute, 2015). These concentrated functions show that Haile Selassie's government was authoritarian; there was no separation of powers between the legislative, executive, and judiciary branches.…”