The Common Market for Eastern and Southern Africa (Comesa) Court of Justice has ruled in favor of an Ethiopian lawyer's challenge, invalidating a judge's appointment due to procedural flaws. The dispute arose from a November 2024 judicial election marred by irregularities. The verdict was delivered in Lusaka, Zambia.
Delivered in Lusaka, Zambia, this ruling stems from a prolonged legal battle launched by Ethiopian lawyer Tewodros Getachew. Tewodros, who finished eighth in the November 2024 judicial election, challenged procedural lapses. The controversy intensified when Justice Chui Yew Cheong, seventh-place finisher from Mauritius, withdrew, yet Comesa leaders bypassed the next candidate to appoint another from Mauritius, prompting the lawsuit.
On April 16, 2025, the Comesa Court of Justice granted a preliminary injunction, barring the secretariat and secretary general from appointing or swearing in judges. This marked the first time in the organization's history that a court order halted the swearing-in of the newly elected 12 judges. The East African Law Society joined as an intervenor on behalf of eight member states.
The final judgment highlighted major procedural irregularities in the election, such as failing to notify Ethiopia of the schedule, not circulating Tewodros' CV to the Council of Ministers, confusing his name with that of a minister, denying receipt of his CV despite prior acknowledgment, late credential submission, and adding a last-minute candidate without proper vetting. Crucially, the court found Justice Chui Yew Cheong ineligible, as a retired Supreme Court judge from Mauritius exceeding the age limit for high judicial office under the Comesa Treaty.
The court rebuked the secretary general for exceeding authority by declaring no vacancy after Mauritius withdrew Cheong and later expressed her readiness to serve. It ruled that determining vacancies lies with Comesa's Electoral College of Justice Ministers and Attorneys General, not the secretariat. The court ordered this college to fill the vacancy within 60 days. While the injunction was lifted for the other judges, allowing their swearing-in, Cheong is prohibited from taking office.
The court awarded half the legal costs to Tewodros and the intervening law society, recognizing their role in upholding the rule of law. Tewodros, also president of the Pan African Lawyers Union (Palu), stated in a text message to Capital: “This is a huge statement for the rule of law, not just in Comesa, but across the globe.” The decision is poised to reform judicial election processes in the regional bloc.