ECOWAS court deems Togo’s constitutional reform an ‘unconstitutional change of government’
ECOWAS court deems Togo’s constitutional reform an ‘unconstitutional change of government’
The ECOWAS Court of Justice has labeled Togo’s 2024 constitutional reform an “unconstitutional change of government,” asserting that it effectively circumvented presidential term limits. While the ruling does not directly invalidate the new Constitution, it provides a significant legal and political argument for the Togolese opposition against Faure Gnassingbé’s continued leadership.
SUMMARY
In a significant ruling issued on January 29, 2026, the ECOWAS Court of Justice, whose full publication recently sparked intense debate in Togo, concluded that the constitutional reform adopted by the Togolese National Assembly on March 25, 2024, constitutes an “unconstitutional change of government.” This determination aligns with Article 23(5) of the African Charter on Democracy, Elections and Governance (ACDEG).
The regional judicial body determined that the context, substance, and anticipated outcomes of the reform indicated an intent to circumvent the presidential term limits established by the previous Constitution. Specifically, the Court highlighted that the amendment was passed after the National Assembly’s mandate had already expired on December 31, 2023. Furthermore, the reform was enacted without prior national consultation, just before legislative elections were scheduled.
The March 2024 reform, which ushered in Togo’s Fifth Republic, transformed the nation from a semi-presidential system to a fully parliamentary one. Under the new framework, the President of the Republic is no longer directly elected by popular vote but chosen by members of Parliament for a four-year term, renewable once. The majority of executive power is now vested in a President of the Council of Ministers, who must be the leader of the majority party in the National Assembly. Faure Essozimna Gnassingbé, who has governed Togo as President of the Republic since 2005 following the death of his father, Gnassingbé Eyadéma, currently holds this newly created position.
Limited Impact: No Annulment, No Sanctions
The judgment from the ECOWAS Court of Justice does not carry immediate binding legal effect on the contested reform. The court neither annulled the Constitution of May 6, 2024, nor imposed any sanctions against the Togolese Republic. Its decision was limited to instructing the Togolese state to ensure that all future constitutional reforms comply with its international obligations, particularly those under the ACDEG. Procedural costs were allocated to each party involved.
Moreover, the Court dismissed one of the primary grievances brought by the applicants concerning the violation of citizens’ right to directly participate in public affairs. It noted that the legislative elections held on April 29, 2025, saw the participation of over two million registered voters, and no concrete evidence was presented to demonstrate that citizens were prevented from voting or standing for election.
Case number ECW/CCJ/APP/15/24 was initiated on April 18, 2024, by the Togolese Human Rights League (LTDH) and twelve other applicants, including several opposition parties such as Jean-Pierre Fabre’s National Alliance for Change (ANC), Alliance of Democrats for Integral Development (ADDI), and Democratic Forces for the Republic (FDR), alongside human rights associations. The ruling was delivered by a three-judge panel, presided over by Judge Ricardo Cláudio Monteiro Gonçalves.
Opposition Welcomes Decision, Lomé Remains Silent
In a statement dated June 21, 2026, the ANC characterized the ruling as a “severe political, legal, and moral repudiation for the government in power in Togo.” The party called for a “political transition” to “re-establish the foundations of the Republic.” Jean-Pierre Fabre’s party asserted that the decision validated its positions expressed as early as March 2024 and urged Togo’s international partners to consider this judgment in their engagements with Lomé.
As of the time of this report, the Togolese government had not publicly responded to the ruling. The jurisprudence of the ECOWAS Court of Justice regarding constitutional reforms typically remains cautious, with community judges generally distinguishing between internal constitutional revisions and clear violations of human rights. The judgment in the Togolese case represents an infrequent application of Article 23 of the ACDEG to a constitutional revision passed by a Parliament.
The Gnassingbé family has governed Togo uninterrupted since 1967. Faure Gnassingbé first assumed the presidency in 2005 following his father’s death, subsequently securing three successive presidential election victories (2005, 2010, 2015, 2020). The 2024 reform eliminated direct universal suffrage for presidential elections before his fourth term was set to expire in 2025.