The Legal System of Ethiopia by Kenneth R. Redden (1968)

Page 165

THE JUDICIARY

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anomalous if there were yet another "court," not provided for in the Constitution, also exercising the judicial power as defined in Chapter VI of the Con­ stitution. A clear distinction between the courts established under Article 109 and chilot is also made by the pro­ visions of the Criminal Procedure Code and the Civil Procedure Code. Article 181 of the Criminal Pro­ cedure Code provides that "an appeal shall lie in ac­ cordance with the provisions of Article 182." The final tribunal mentioned in Article 182 is the Supreme Im­ perial Court. However, Article 183 provided specifically that: Nothing in Article 182 shall prevent an ap­ plicant who has exhausted his rights of ap­ peal under Article 182 from applying to His Imperial Majesty's Chilot for a review of the case. A similar provision is contained in Article 322 of the Civil Procedure Code. The distinction there is drawn between the right of appeal (in the Amharic, yeyigbeba amebit) to an appellate court and a review of the case (in the Amharic, endibayilet) in chilot. Chilot is thus treated as separate and distinct from the regular court system. If it is thus established that chilot is not a court in the sense that the term is used in the Constitution and laws defining judicial power, one must now ask just what chilot is, or to put it another way, What is the legal basis for the exercise of chilot jurisdiction in Ethiopia today? Since chilot is not mentioned in the Constitution, the source of such jurisdiction must be found elsewhere. To find the source, one must first trace the history of this institution in Ethiopia.

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