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.