ECOWAS court challenges Togo’s constitutional reform impacting Faure Gnassingbé’s rule

In a decision issued on January 29, 2026, and whose full publication has recently stirred considerable debate across Togo, the ECOWAS Court of Justice concluded that the constitutional reform enacted by the Togolese National Assembly on March 25, 2024, constitutes an “unconstitutional change of government.” This finding aligns with the stipulations of Article 23(5) of the African Charter on Democracy, Elections and Governance (CADEG), a crucial framework for African governance.

The regional judicial body determined that the circumstances surrounding the reform, its substantive content, and its anticipated effects collectively demonstrated an intent to bypass the presidential term limits enshrined in the previous Constitution. Notably, the Court highlighted that the amendment was adopted after the mandate of the National Assembly responsible for the revision had already expired on December 31, 2023. Furthermore, the reform was passed without any prior national consultation, occurring just before legislative elections were due.

The March 2024 reform, which ushered in Togo’s Fifth Republic, transformed the nation from a semi-presidential system into a fully parliamentary one. Under this new structure, the President of the Republic is no longer elected by direct universal suffrage but by members of Parliament, serving a four-year term, renewable once. The bulk of executive power is now concentrated in the hands of 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 established position.

Limited scope: no annulment, no sanctions

The ruling from the ECOWAS Court of Justice does not carry immediate binding legal implications for the disputed reform. The court neither invalidated the Constitution of May 6, 2024, nor imposed any sanctions against the Togolese Republic. Its decision was confined to instructing the Togolese state to ensure that all future constitutional reforms comply with its international obligations, particularly those under CADEG. Procedural costs were allocated to each party involved.

The Court also dismissed one of the primary grievances put forth by the applicants, specifically concerning the alleged 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.

The case (n° ECW/CCJ/APP/15/24) was initiated on April 18, 2024, by the Togolese League for Human Rights (LTDH) and twelve other applicants, including several opposition parties such as Jean-Pierre Fabre’s National Alliance for Change (ANC), the Alliance of Democrats for Integral Development (ADDI), and the Democratic Forces for the Republic (FDR), alongside various human rights advocacy groups. The judgment was delivered by a three-judge panel, presided over by Justice Ricardo Cláudio Monteiro Gonçalves.

Opposition welcomes decision, Lomé remains silent

In a statement dated June 21, 2026, the ANC described the ruling as a “severe political, legal, and moral repudiation for the current administration 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 stance articulated as early as March 2024, and urged Togo’s international partners to consider this judgment in their diplomatic engagements with Lomé.

As of the time of this report, the Togolese government had not issued any public response to the court’s decision. 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 a rare application of CADEG Article 23 to a constitutional revision approved by a national Parliament.

The Gnassingbé family has maintained continuous governance over Togo since 1967. Faure Gnassingbé first assumed the presidential office in 2005 following his father’s death, subsequently securing re-election in three consecutive presidential polls (2005, 2010, 2015, 2020). The 2024 reform effectively abolished direct universal suffrage for presidential elections before his fourth mandate was set to conclude in 2025.