The COMESA Court of Justice, First Instance Division, is set to hear Reference No. 1 of 2025 that is challenging the conduct and legality of the election of Judges to the Court held on 21 November 2024. The Applicant, Tewodros Getachew Tulu, a lawyer and nominee of the Federal Republic of Ethiopia has sued the COMESA Secretariat, the Secretary General, and others.

The Applicant alleges that the process was marred by serious procedural irregularities and breaches of the COMESA Treaty, the 2005 COMESA Rules of Procedure for the Election of Judges, and internationally recognised principles of transparency, fairness, and electoral integrity.

Among the core issues raised is the appointment of a judge alleged to be ineligible under Article 20 of the Treaty, the alleged failure by the COMESA Secretariat to circulate nomination letters and CVs of candidates to Member States in advance, the alleged introduction of a new nominee on the floor of the election without prior notice, and the alleged exclusion of Ethiopia’s Permanent Representative from participating in key electoral sessions.

On 29 and 30 May 2025, the Court heard the parties on the inter partes injunction application and granted leave to the East Africa Law Society (EALS) to intervene in the proceedings on grounds that the nomination and appointment of Judges to the COMESA Court is a matter of great public interest and of direct relevance to the regional legal profession. The hearing of the main Reference will take place from 03 – 06 June 2025.