PROCLAMATION NO. 454/2005
A PROCLAMATION TO RE-AMEND THE
FEDERAL COURTS PROCLAMATION
WHEREAS, it has become necessary to remand the Federal Courts Proclamation Number 25/1996 as amended,
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 “Federal Courts Proclamation Reamendment Proclamation No. 454/2005”
The Federal Courts Proclamation number 25/1996 as amended is hereby ream ended as follows.
1/ The following new Sub-Article (4) and Sub-Article (5) are added under Article 10 of the proclamation.
“4. Interpretation of a low by the Federal Supreme Court rendered by the cassation division with not less than five judges shall be binding on federal as well as regional council at all levels. The cassation division may however render a different legal interpretation some other time.
“5. The Federal Supreme Court shall publish and distribute decisions of the cassation division that contain binding interpretation of laws to all levels of courts and other relevant bodies.”
2/ “Article 21 Sub-Article 2(a) of the proclamation is deleted and the previous Sub-Article 2(b) and 2(c) are hereby reordered as Article 21 Sub-Article 2(a) and 2(b) respectively”
3/ Article 23 of the proclamation as amended is deleted and replaced by the following new Article 23.
“23. Divisions of the Federal High Court and First Instance Court.
1/ The Federal High Court and First Instance Court shall have divisions as required by their functions.
2/ There shall sit a single judge in each division of the Federal High Court and First Instance Court.
3/ Notwithstanding the provisions of Sub-Article (2) of this article,
a) Criminal charges brought before the Federal High Court that are punishable with more than fifteen years rigorous imprisonment shall be heard by a division of the court with not less than three judges sitting.
b) The Federal judicial Administration Council may, issue directives for cases to be heard by three judges which otherwise could have been heard by a single judge under this proclamation.
4/ The President and Vice President of Federal high Court and First Instance Court may sit in any division of their respective courts.
4/ The following new Article is Added in the proclamation as Article 38.
“38. Power to Issue Directives
The Federal Supreme may issue Court may issue procedural directives necessary for its functions those are consistent with lows that are in force.
5/ The hitherto Article 38 of the proclamation shall be read as Article 39 of the proclamation.
3. Effective Date
This Proclamation shall come in to force upon publication in the Federal Negarit Gazetta.
Done at Addis Ababa, this 14th day of June, 2005
PRESIDENT OF THE FEDERAL
DEMOCRATIC REPUBLIC OF ETHIOPIA