PROCLAMATION NO. 138/1998
A PROCLAMATION TO AMEND THE FEDERAL COURTS
PROCLAMATION
WHEREAS, it is found necessary to amend the Federal Courts Proclamation No.
25/1996;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the
Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
1. Short Title
This proclamation may be cited as the "Federal Courts(Amendment)
Proclamation No. 138/1998."
2. Amendment
The Federal Courts Proclamation No. 25/1996 is hereby amended as follows:
1. Sub-Article (9) of Article 4 is hereby deleted
and replaced by the following new sub-Article (9).
"9) offences that foreign nationals are
charged with, but not including petty offences;"
2. Article 15 is hereby deleted and replaced by
the following new Article 15:
"15. Criminal Jurisdiction of the Federal First Instance Court
The Federal First Instance Court shall have
jurisdiction over the following criminal cases:
1) Criminal cases specified under sub-Article (4),
(5), (6) and (7) of Article 4 hereof;
2) without prejudice to judicial power vested in
other organs by law, criminal cases under the jurisdictions of Awraja and
Woreda courts pursuant to other laws in force as well as criminal cases arising
in Addis Ababa and Dire Dawa."
3. Sub-Articles (2)(a) and (b) of Article 16 are
hereby deleted and replaced by the following new sub-Articles (a) and (b):
"(a) without prejudice to the power and duty
entrusted to the Federal Judicial Administration Commission, place as well as
assign and administer judges of Federal Courts;
(b) employ personnel necessary for Federal
Courts;"
4. The following new sub-Article (3) is added
under Article 16:
"3) the President of the Federal Supreme
Court, where he deems it necessary, may;
(a) delegate part of his powers and duties to the
President of the Federal High Court or of the Federal First Instance Court.
(b) in the exercise of his power under sub-Article
(2)(b) of this Article, solicit and obtain the separate or joint views of the
Presidents of the Federal High Court and the Federal First Instance Court, as
concerns their respective court."
5. Sub-Article (1) and (2) of Article 18 are
hereby deleted and replaced by the following new sub-Article (1) and (2):
"18. Powers and Duties of the President of the Federal High Court
and the Federal First Instance Court
The President of each Court shall:
1) represent the respective Court; without
prejudice to the power and duty entrusted to the Federal Judicial
Administration Commission, place as well as assign and administer judges of the
respective court, pursuant to delegation and in accordance with directives
given by the President of the Federal Supreme court.
2) administer personnel of the respective court,
pursuant to delegation and in accordance with directives as under Article
16(3)(a) hereof."
6. Article 23 is hereby deleted and replaced by
the following new Article 23:
"23. Divisions of the Federal High Court and the Federal First
Instance Court:
1) The Federal High Court and the Federal First
Instance Court shall have such divisions as are necessary for their functions;
2) There shall sit a single judge, in each
division of the Federal High Court and the Federal First Instance Court;
3) Notwithstanding the provisions of sub-Article
(2) of this Article, the following cases shall be heard by a division with a
presiding judge and two other judges sitting;
(a) charges brought by the Special Public
Prosecutor’s Office pursuant to Proclamation No. 22/1992;
(b) civil cases heard by the Federal High Court in
its appellate jurisdiction;
(c) any criminal case heard by the Federal Court
and the Federal First Instance Court;
(d) other cases specified under directives to be
issued by the Federal judicial Administration Commission.
4) The President and Vice-President of the Federal
High Court as well as the President of the Federal First Instance Court may
preside over any division, of their respective court, wherein three judges
sit."
3. Effective Date
This Proclamation shall come into force as of the 1st day of December, 1998.
Done at Addis Ababa, this 1st day of December, 1998
NEGASO GIDADA (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA
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