Constitutionality of Treating Addis Ababa as a Regional State and Its Effect on Jurisdictions of Oromia Regional State Courts

Abstract

Since 1995, constitutionally Ethiopia has been experiencing a federal form of government. The FDRE Constitution has recognized nine regional states within federations and leaves room for the formation of new regional states (internal secession). The FDRE constitution also identified the criteria and rules to be followed to form new regional states. However, there are circumstances in which the House of People’s Representatives treats Addis Ababa as an independent regional state contravening the rules and criteria incorporated within the FDRE constitution. This writing tries to assess the constitutionality of treating Addis Ababa as a regional state and its effect on the jurisdiction of Oromia regional state courts. Treating Addis Ababa as a regional state has adverse effects since it reduces the jurisdiction of regional courts in general and that of the Oromia regional state in particular. To accomplish this task, the writer utilized qualitative methodology in which both the laws of the House of People’s Representatives and the decisions of federal Supreme Court cassations have been analyzed to forward possible remedies. Since treating Addis Ababa as a regional state is unconstitutional, the writer recommended quashing the laws of the House of People’s Representatives and decisions of federal Supreme Court cassation that treat Addis Ababa as a regional state before the House of Federation.