Conesa Court Hearings in Lusaka Adjourned for June 3 in Ethiopian Attorney’s Case

Contender from Ethiopia takes issue with selection criteria as one of newly assigned judges alleged to be retiree from Mauritius

Court proceedings began this week in Lusaka, Zambia, in a case involving alleged irregularities in the appointment of judges to the COMESA Court of Justice, with Tewodros Getachew, the Ethiopian nominee, arguing he was unfairly overlooked in the selection process.

In November 2024, Tewodros was a leading candidate for a justiceship in the COMESA Court of Justice—the judicial arm of the Common Market for Eastern and Southern Africa, which is a trade bloc of 21 states established in 1994.

The Court is mandated with resolving disputes between COMESA member states, with seven justices overseeing cases.

Tewodros, an experienced attorney currently serving as president of the Ethiopian Federal Advocates (Bar) Association and vice president of the Pan African Lawyers Union (PALU), was one of the final 12 candidates running for seven justiceship positions at the Court.

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He claims there were irregularities in the way the election process was handled by the Office of the Secretary-General of COMESA and his complaints resulted in an injunction on the appointment of new justices, who were scheduled to be sworn in last month.

Tewodros and his legal representatives allege the Mauritian candidate was selected for a justiceship despite not meeting the age requirements for the position, having retired eight years ago.

They argue that COMESA failed to follow its own procedures and violated the transparency and fairness of the election process.

“Seeking judicial review of the election process is not only about advocating for my rightful opportunity to serve but also about safeguarding the credibility and reputation of the COMESA Court itself,” Tewodros told The Reporter.

Hearings began in Lusaka, seat of the COMESA Court of Justice, on May 28, with Tewodros in attendance and the COMESA Secretary General, Secretariat, Council of Ministers, and Justice Cheong of Mauritius appearing as respondents.

Observers say his legal challenge sends a clear message about the need for transparency and due process in the governance of regional bodies that affect hundreds of millions across Africa. The case has received significant attention across the continent and is being followed by many international organizations and regional blocs.

The East African Law Society (EALS), which represents eight countries in the region with over 42,000 members, was granted permission to participate in the hearing.

David Sigano, the association’s executive director, told The Reporter in an email response that they wanted to participate in the COMESA judicial selection process to ensure transparency.

A diplomat at Ethiopia’s Ministry of Foreign Affairs, who asked not to be named, alleges that Ethiopia is the subject of ostracization within COMESA.

The diplomat, who said that the organization is dominated by certain countries that do not prioritize Ethiopia’s interests, added that Ethiopia, as a founding member, should exert coordinated pressure to protect its interests.

The Ethiopian national representative in COMESA, the Ministry of Trade and Regional Integration, stated that it had no information about the ongoing dispute in Lusaka.

Trade Minister Kassahun Gofe (PhD) declined to comment on the issue.

However, Yasmin Woharebbi, a state minister of Trade, said that efforts are being made to protect Ethiopia’s interests in COMESA.

“I know that other Ethiopians have participated in the COMESA judicial process before, but I am not aware of the issue related to Tewodros Getachew,” she told The Reporter.

Court proceedings have been adjourned until June 3 for the next hearing.

The adjournment came after the court sustains a suspension on the newly elected panel of judges. The term of the outgoing judges expires on June 5.

U.S. law firms represent the defendants.