ECOWAS court of justice declares Togo’s 2024 constitutional changes an ‘unconstitutional government shift’

The ECOWAS Court of Justice, in a judgment delivered on January 29, 2026, which has stirred considerable debate across Togo following its full release, determined that the constitutional amendment 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 (ACDEG).

The regional court concluded that the circumstances surrounding, the substance of, and the anticipated outcomes of the reform collectively indicated an intention to circumvent the presidential term limits enshrined in the previous Constitution. Notably, the Court highlighted that this legislative alteration was approved by the National Assembly whose mandate had already expired on December 31, 2023. Furthermore, the reform was passed without prior national consultation, just before scheduled legislative elections.

The March 2024 reform, which ushered in Togo’s Fifth Republic, fundamentally transformed the nation from a semi-presidential system to a fully parliamentary one. Under this new framework, the President of the Republic is no longer chosen by direct universal suffrage but elected by parliamentary members for a four-year term, renewable once. The bulk of executive authority is now vested in a President of the Council of Ministers, who must also serve as the leader of the majority party in the National Assembly. Faure Essozimna Gnassingbé, who has governed Togo as President since 2005 following the passing of his father, Gnassingbé Eyadéma, currently holds this newly established position.

Limited scope: no annulment, no sanctions

The ECOWAS Court of Justice’s ruling does not carry immediate binding legal force concerning the contested reform. The judicial body neither invalidated the Constitution of May 6, 2024, nor imposed any sanctions against the Togolese Republic. Its directive was restricted to instructing the Togolese state to ensure that all subsequent constitutional reforms adhere to its international commitments, specifically the ACDEG. Procedural costs were allocated to each party involved.

The Court also dismissed one of the primary grievances put forth by the applicants, which concerned the alleged violation of citizens’ right to direct participation in public affairs. It noted that the legislative elections on April 29, 2025, saw the involvement of over two million registered voters, and no concrete evidence was presented to suggest that citizens were prevented from casting ballots or running for office.

The case (n° ECW/CCJ/APP/15/24) was initially filed on April 18, 2024, by the Togolese League of Human Rights (LTDH) alongside twelve other petitioners. These included 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), in addition to various human rights advocacy groups. The judgment was delivered by a three-judge panel, presided over by Judge Ricardo Cláudio Monteiro Gonçalves.

Opposition hails decision, Lomé remains silent

In a statement issued on June 21, 2026, the National Alliance for Change (ANC) characterized the ruling as a “severe political, legal, and moral repudiation for the current Togolese government.” The party advocated for a “political transition” aimed at “re-establishing the foundations of the Republic.” Jean-Pierre Fabre’s party asserted that the decision validated its stance, which had been articulated as early as March 2024, and urged Togo’s international partners to consider this judgment in their diplomatic engagements with Lomé.

As of this report, the Togolese government had not issued any public response to the ruling. The ECOWAS Court of Justice’s jurisprudence concerning constitutional reforms typically maintains a cautious approach, with the community judges usually differentiating between internal constitutional amendments and clear violations of human rights. The verdict in the Togolese case represents a relatively rare application of Article 23 of the ACDEG to a constitutional revision enacted by a parliament.

The Gnassingbé family has maintained continuous governance over Togo since 1967. Faure Gnassingbé first assumed presidential power in 2005 following the death of his father, Gnassingbé Eyadéma, and was subsequently re-elected in three consecutive presidential polls (2005, 2010, 2015, 2020). The 2024 reform effectively abolished the direct universal suffrage presidential election before his fourth term was set to conclude in 2025.