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A strong, independent court system is the key to Ethiopia’s democratic future
In my previous article, I argued that Ethiopia can’t break free from political instability, authoritarianism, and violence without deep constitutional reform. While the National Dialogue is a step forward, dialogue alone won’t fix what’s broken. If Ethiopia is to truly move forward, it needs a strong legal foundation where power is restrained by law and the courts stand tall, not in the shadow of the executive.
The problem runs deeper than just poor implementation. Ethiopia’s laws and Constitution themselves contain structural flaws—unclear roles between branches, a lack of accountability, and no real checks on power. These aren’t just technical issues—they’re the cracks in the dam holding back justice, equality, and democracy.
Right now, power often operates outside the law. Leaders bend rules, institutions follow orders instead of principles, and citizens are often powerless to challenge injustice. Many people still believe that obeying the law is a luxury; something they’ll do once everyone else does. But building a stable, fair society starts with individuals and institutions alike choosing to follow the law, even when it’s hard or inconvenient.
Judiciary Weakened
One of the most glaring weaknesses in Ethiopia’s system is the lack of an empowered, independent judiciary. Unlike in countries like the United States, where courts have the final say on what the Constitution means and can strike down unlawful actions, Ethiopian courts don’t have the authority to interpret the Constitution or review government actions for legality.
Instead, that power sits with the House of the Federation—a political body, not a court. It lacks judicial expertise and operates under political influence. This creates a dangerous vacuum. When unconstitutional laws are passed or executive actions go unchecked, there’s no neutral referee. The result? Rights are violated, institutions are politicized, and citizens have nowhere to turn.
Take the example of the late President Negasso Gidada. After he criticized the government, Parliament passed a law to effectively silence him. He tried to challenge it, but the courts couldn’t help—they had no authority to rule on constitutional matters. His case was referred to the House of the Federation, and nothing came of it. A similar thing happened when opposition parties tried to challenge a national state of emergency. Again, the courts stood by, powerless.
Review Needed
Judicial review—the power of courts to assess and strike down unconstitutional laws—isn’t just a technical legal mechanism. It’s the foundation of any system where the rule of law, not the rule of leaders, prevails. It ensures that even parliament and the Prime Minister are bound by the Constitution. It also empowers ordinary citizens to say, “This law violates my rights, and I won’t comply”, and to have a court determine whether they’re right.
This isn’t an abstract principle. Its absence can deepen national crises, as Ethiopia’s recent history shows. In 2020, a constitutional standoff erupted when the federal government postponed elections, prompting Tigray to proceed with its own vote—a decision the federal government rejected. With no independent court to mediate the dispute, political tensions spiraled into armed conflict. The war laid bare a systemic weakness: Ethiopia lacks judicial review.
That danger remains. Today, if parliament enacts a law that infringes on regional autonomy or basic rights, there’s no legal avenue for citizens to challenge it. The Constitution claims supremacy, but without courts empowered to enforce it, that claim is hollow.
To safeguard democracy and prevent future conflict, constitutional reform must give judges the authority to strike down unconstitutional laws. Without that, there can be no true limits on government power—and no genuine protection for citizens or peace.
Civilian Standing
But it’s not just about what courts can do—it’s also about who can go to them. In Ethiopia, citizens currently don’t have what’s known as “standing.” That means they can’t bring a case even when their rights are clearly violated. This creates a justice system that’s not accessible to ordinary people.
I know this firsthand. In 2004, I was a university student when I was arrested and imprisoned for taking part in peaceful protests. I spent three years in jail before the Federal High Court declared my detention unjust and released me. But when I tried to hold the government accountable, I found no legal pathway to do so.
Even though Ethiopia’s Civil Code contains some extra-constitutional [tort] liability provisions—like Articles 2028, 2029, and 2126—they’re barely used. Victims face immense hurdles: they don’t know their rights, they don’t trust the courts, and those responsible are shielded by legal immunity. Worse still, you can’t sue the state for the actions of a judge, no matter how unjust. This leaves people stuck in a system where harm goes unanswered.
Experience Counts
There’s another key piece to reform: the quality and competence of the judiciary. In many countries, judges are seasoned legal professionals with years of experience, deep understanding of the law, and a reputation for fairness. In Kenya, for example, High Court judges need 10 years of legal practice. In the U.S., besides a bachelor’s degree, judges usually hold a postgraduate law degree from an accredited law school and have long careers behind them.
In Ethiopia, by contrast, students can become judges just a few years after finishing an undergraduate law degree. Many lack the maturity, training, or experience needed to deal with complex legal issues. And those who do gain experience often leave for private practice, where the pay is better. This results in young, often overwhelmed judges presiding over cases argued by veteran lawyers—a recipe for uneven justice.
We need clear standards: a minimum number of years in legal practice, better legal education, and competitive salaries to retain top talent in the judiciary. Without this, we risk a justice system that is weak, overburdened, and mistrusted.
New Legal Culture
Judicial reform isn’t just about rules—it’s about culture. It’s about creating a society where justice isn’t about power or politics, but about principle. Sadly, both ruling and opposition parties in Ethiopia have often prioritized short-term political wins over long-term legal reform. They want to defeat the other side, not build a system that outlasts both.
Ethiopia doesn’t need more politicians. It needs statesmen, leaders who see beyond the next election and think about the kind of country we want to leave behind. Leaders who understand that the real battle isn’t just over who holds power, but how power is used—and restrained.
No government, no matter how popular or visionary, can build lasting peace without a legal system that guarantees justice for all. That means we must empower our courts. We must give people the right to challenge the government. And we must make sure that everyone—from the Prime Minister to the police officer—answers to the same law.
Reform Priority
This is a call, not just to legal scholars or lawmakers, but to every Ethiopian. If we want a future rooted in justice, dignity, and democracy, we must insist on a judiciary that is independent, empowered, and respected. That means amending the Constitution, giving courts the authority to interpret it, and ensuring every citizen has access to justice.
We can’t wait for a perfect moment or a perfect government. The time for reform is now. Only when our laws are real—when they bind those in power and protect those without it—will Ethiopia finally have a foundation strong enough to stand the test of time.
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While this commentary contains the author’s opinions, Ethiopia Insight will correct factual errors.
Main photo: The Federal Supreme Court of Ethiopia; Federal Supreme Court.
Published under Creative Commons Attribution-NonCommercial 4.0 International licence. You may not use the material for commercial purposes.
This article summarizes the bottlenecks from which Ethiopian people are suffering for about a century; these are our lived experiences. Lack of peace, which is broiled from time to time, is rooted in these legal deficiences. Mr Dube has contributed key inputs for adressing and redressing these bottlenecks. Hope ower governmet would it take positvely, and apply.
Long ago, I wrote an article that stand against your thought of constitutional court. What your argue for is highly acclaimed by many reactionaries who intentionally disregard the real problem on the ground and political history of our nation. Empowering our courts to interpert the constitution is paving away to chaos and unsettled disorder like what have been witnessed for a century. No living witness can be presented, in all our history, to favor such thought to establish or empower our court to interpret the Constitution.
Thanks for sharing your view.
This is a very insightful and timely article. It is an appropriate moment for Ethiopia to review its legal framework and strengthen the judicial system. Law enforcement mechanisms must also operate within the bounds of the law. Institutional frameworks that rely on a rigid “yes-sir” culture only breed uncertainty and mistrust, ultimately leading to instability and chaos.