Abstract:
In the early times, when the Orthodox Church was a state religion, the Ethiopian Orthodox
Tewahido Church was able to extend its thoughts, values, cultures in all government
affairs. Accordingly, the Church law, especially the Fetha Negest (The Law of Kings),
became the governing law of the state since its introduction into Ethiopia; The judges
have also been those who have knowledge of the Church dogmas, faith, orders and
values. In this early period, the church had its own adjudicative organ, the ecclesiastical
court, which adjudicate disputes that pertains to church affairs. At present, due to the
separation of state and religion, the Church suffered from an external pressure since the
regular/government courts are unable to preserve its interest, peace, and age-old
contribution. This resulted in lack of just, fair and honest/integrity decision in a dispute
between the Church and its workers, embarrassing its internal matters, adjudication of
church disputes by judges who do not have knowledge of church’s dogma, faith, orders,
values. Some regular courts have decided that they do not have jurisdiction to entertain
cases arising from the church, for example, employment disputes between the Church
and its priests. Though the 1995 constitution of FDRE provides that a religious court
will be established separate from the regular courts, the EOTC did not do much for the
establishment of an ecclesiastical court. This article addresses issues concerning the
ecclesiastical courts. Particularly, the article assesses the contribution of the
establishment of ecclesiastical court to the Church, for national interest, the existence,
or otherwise, of a legal framework for its establishment