Jurisdiction over Offence of Illicit Trafficking of Dangerous Drugs A Case Comment

Abstract

This case analysis has examined the position of Federal Supreme Court Cassation Division and legal standings on the jurisdiction over offence of producing, making, trafficking in or using poisonous or narcotic and psychotropic substances. The fact of the case is that the Shager City High Court decided the case under examination in its first instance jurisdiction and its appeal was confirmed by the Oromia Regional State Supreme Court. Nonetheless, The Federal Supreme Court Cassation Division held the Shager City High Court has no jurisdiction over the offence under discussion and reversed the lower courts’ decision. In this comment the later court’s interpretation is analysed. The analysis revealed that, unlike proclamation No.25/1996 and its amendment Proclamation No. 1234/2021 has mandated other appropriate laws to allocate the jurisdiction over offences among the tiers of the Federal Courts. The proclamation extended to searching for appropriate laws in determining jurisdiction of courts. Appropriate laws envisioned in the proclamation, refer but not limited to the Criminal Procedure Code of 1961. Article 4(1) of this code states the courts mentioned in the third column of the first schedule to this code shall have jurisdiction to try the offences mentioned in the first and second columns and impose the punishments provided by law. The First Schedule of the Code exhaustively stipulated the jurisdiction over offences for offences covered in the Penal Code of 1957. The act of illicit trafficking of dangerous drugs was criminalized under article 510 of Penal Code of 1957 as well as under article 525 of the Criminal Code. Once identified as offence covered in the Penal Code of 1957, to determine jurisdiction over it, one should consult the First Schedule of the Criminal Procedure Code of 1961. Pursuant to this schedule, the jurisdiction over this offence was allocated to Awradja court. Currently this offence is allocated to the Federal first Instance Court and constitutionally delegated to the Regional States’ High Courts for those committed in Regional States. Owing to this, the analysis proves the Shegar City High Court and the Oromia Regional State Supreme Court decided the case under examination according to the law, while Cassation Division flawly held that the Shegar City High Court decided without its jurisdiction. Moreover, the analysis articulated that the division, without following proper steps of pinpointing the jurisdiction of the Federal Courts by consulting appropriate laws, the cassation has erred by stripping the power to entertain the offence from state high court [Shegar City Court]. Moreover, it is indicated that the holding of the division limited the appeal rights by reducing appeal state from two to one. As a result, the author argues that the Federal Supreme Court’s Cassation Division misinterpreted the jurisdiction over offences of article 525 of the criminal code. This misinterpretation need to be rectified by cassation itself by reviewing it by seven cassation judges.