Ethiopia: Observations in Federal Supreme Court Cassation Decisions

Simeneh Kiros Assefa*

* Simeneh Kiros Assefa (PhD), Associate Professor of Law, Addis Ababa University School of Law. Professional, e-mail: slmeneh@simenehlaw.com

Abstract

The Federal Supreme Court Cassation Division reviews cases based on cassation petition against final court decisions when they contain a fundamental error of law. Such decisions of the Cassation Division rendered by five judges are binding on lower courts. This article reviews cassation decisions for content and form under six categories. It also reviews how the Cassation Court sees its role to better contextualise the effectiveness of those decisions. It finds that the Cassation Division sees itself as part of a court, not an independent judiciary based on separation of powers, and its decisions show significant deference to administrative decisions, and heavy-handed interpretation and application of the rules of criminal and administrative laws. In...