Togo Government Rejects CEDEAO Court Ruling on Constitutional Reform

The Togolese government has rejected the ruling of the Court of Justice of the Community of West African States (CEDEAO) on the constitutional reform adopted in March 2024, describing it as a ‘change of government unconstitutional’.

Government Says Jurisdiction Exceeded Its Mandate

The government said in its first official reaction that the regional court had overstepped its mandate by questioning the legitimacy of the constitutional reform.

“The Court has no competence to control the constitutionality of internal law, nor a right to judge a national constituent power,” said the government’s official statement.

The government also reminded that while the regional court is empowered to monitor human rights and breaches of regional laws, it cannot substitute itself for a country’s constitutional court.

Reforms Were Adopted Through Public Debate

The government reiterated that the reforms establishing the 5th Republic were adopted through public debate and wide consultations with national stakeholders.

No Impact on Current Constitutional Order

The government said that the CEDEAO court’s ruling had no impact on the current constitutional order, and that the reform’s applicability was confirmed by the court itself.

“There is no obligation to undo the existing constitutional order,” said the government, adding that the reform was adopted through a public debate and consultations.