An Unconstitutional Judicial Power of State Courts over Federal Matters: A Comment on Fekadu Azemeraw and Tesfa Fetene vs. Bitewush Mekonnen

Abstract

Abstract
Although it had delegation power, Awi Zone High Court provided a judgment on a dispute between Fekadu Azmeraw and Tesfa Fetene vs. Bitewush Mekonnen as if it had inherent judicial power; and Amhara National Regional State Supreme Court confirmed the former’s decision. However, Amhara National Regional State Supreme Court, Cassation Division heard the petition and reversed the lower courts' decision stating that such courts lack jurisdiction to hear the case since it is a federal matter because one of the litigating parties-Nile Insurance S.C. is a federally registered business organ. Thus, the Ethiopian Federal Democratic Republic Supreme Court Cassation Division confirmed the decision made by the Amhara National Regional State Supreme Court, Cassation Division. The author has concluded that the Federal Cassation Division failed to appreciate two procedural issues: (1) it is not because Awi Zonal High Court and Amhara Regional State Supreme Court have inherent judicial power but it is because they have a delegation power they heard the case; and (2) Amhara Regional State Supreme Court, Cassation Division has no judicial power over federal matters. The Federal Cassation Division relied on the justification that regional supreme courts cassation divisions have judicial power to amend or order otherwise regional courts under them – which has not explained how it works on federal judicial power yet. The division of judicial power in Ethiopia between federal and state courts is not subject to the shifting needs of time and circumstance,rather it is well allocated. The allocation of judicial powers avoids the overlapping of jurisdictions. Unless such allocation is kept and respected, state and federal judiciaries do not resolve disputes well but, with their overlapping jurisdictions, themselves engage in inter-system power struggle.