The ECOWAS Court of Justice has delivered a significant blow to the Togolese government, ruling that the 2024 constitutional reform constitutes an “unconstitutional change of government.” This decision, rooted in Article 23(5) of the African Charter on Democracy, Elections and Governance (CADEG), highlights a deliberate attempt to bypass presidential term limits.
A ruling against institutional manipulation
According to the regional court, the circumstances surrounding the adoption of the new law were problematic. The judges noted that the National Assembly pushed through the revision on March 25, 2024, despite its mandate having expired on December 31, 2023. Furthermore, the lack of a national referendum or broad consultation before such a radical shift in the country’s governance was cited as a major concern.
The 2024 reform transformed Togo from a semi-presidential system to a full parliamentary one. Under this Fifth Republic, the head of state is no longer chosen through direct universal suffrage but is instead elected by lawmakers for a four-year term. Crucially, executive authority now rests with the President of the Council of Ministers—a position currently held by Faure Essozimna Gnassingbé, who has led the nation since 2005.
Limited legal impact but strong political message
While the ruling is a moral victory for the opposition, its immediate legal consequences are restricted. The ECOWAS Court did not formally nullify the new Constitution of May 6, 2024, nor did it impose specific sanctions on the state. Instead, it issued an injunction demanding that Togo ensure all future constitutional changes align with international democratic obligations.
Additionally, the court dismissed claims regarding the violation of citizens’ rights to participate in public affairs. It pointed out that the legislative elections held in April 2025 saw significant voter turnout, with no concrete evidence provided to show that citizens were systematically blocked from the electoral process.
Opposition welcomes the “disavowal” of the regime
The legal challenge was originally brought forward by the Togolese League for Human Rights (LTDH) and several opposition groups, including Jean-Pierre Fabre’s National Alliance for Change (ANC). These groups have hailed the court’s findings as a clear rejection of the current administration’s methods.
The ANC described the verdict as a severe legal and moral setback for the government in Lomé, calling for a “political transition” to restore the Republic’s foundations. Meanwhile, the Togolese government has remained silent following the publication of the full judgment. This case marks a rare instance where the regional court has applied CADEG principles to a parliamentary-led constitutional overhaul.
The Gnassingbé family has maintained control over Togo since 1967. After the death of his father, Faure Gnassingbé took office in 2005 and has since secured multiple terms. The 2024 transition to a parliamentary system effectively removed the need for a direct presidential vote just before his previous mandate was set to expire in 2025.