ECOWAS court challenges Togo’s constitutional reform extending faure gnassingbé’s tenure
Togo : la réforme qui maintient Faure Gnassingbé au pouvoir désavouée par la Cour de la CEDEAO
The Economic Community of West African States (ECOWAS) Court of Justice recently characterized Togo’s 2024 constitutional overhaul as an “unconstitutional change of government.” This ruling suggests the reform was designed to bypass existing presidential term limits. Although the verdict does not immediately nullify the new Constitution, it hands the Togolese opposition a substantial legal and political tool in their ongoing efforts to challenge Faure Gnassingbé’s prolonged hold on executive power.
SOMMAIRE
The ECOWAS Court of Justice, in a judgment delivered on January 29, 2026, whose full publication has recently stirred considerable debate across Togo, concluded that the constitutional reform enacted 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 (CADEG).
The regional court determined that the circumstances, provisions, and anticipated outcomes of the reform indicated a deliberate attempt to circumvent the presidential term limits previously enshrined in the Constitution. Specifically, the Court highlighted that the amendment was passed after the National Assembly’s mandate had expired on December 31, 2023, and that it was ratified without prior national consultation, just ahead of legislative elections.
The March 2024 reform fundamentally reshaped Togo, ushering in the Fifth Republic and transitioning the nation from a semi-presidential to a fully parliamentary system. Under this new framework, the President of the Republic is no longer chosen through direct universal suffrage but rather by members of Parliament, serving a four-year term, renewable once. The bulk of executive authority now rests with a President of the Council of Ministers, a position intended for 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 his father Gnassingbé Eyadéma’s passing, now occupies this newly created role.
Limited impact: no annulment, no sanctions
The ruling from the ECOWAS Court of Justice carries no 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 decision was limited to instructing the Togolese state to ensure that all future constitutional reforms adhere to its international commitments, particularly the CADEG. Procedural costs were allocated equally to each party involved.
Furthermore, the Court dismissed one of the primary grievances raised by the applicants, which concerned the alleged violation of citizens’ right to directly participate in public affairs. It noted that the legislative elections on April 29, 2025, saw the participation of over two million registered voters, and no specific evidence was presented to demonstrate that citizens were prevented from casting their ballots or standing for election.
The case (n° ECW/CCJ/APP/15/24) was initially filed on April 18, 2024, by the Togolese Human Rights League (LTDH) along with 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), as well as various human rights advocacy groups. The judgment was delivered by a panel of three judges, presided over by Judge Ricardo Cláudio Monteiro Gonçalves.
Opposition welcomes decision, Lomé remains silent
In a statement issued on June 21, 2026, the ANC characterized the judgment as a “severe political, legal, and moral repudiation for the ruling power in Togo.” The party urged a “political transition” to “re-establish the foundations of the Republic.” Jean-Pierre Fabre’s party asserted that the decision validated its stances articulated as early as March 2024, and called upon Togo’s international partners to factor this ruling into their diplomatic relations with Lomé.
As of this report, the Togolese government has not publicly responded to the judgment. The ECOWAS Court of Justice’s jurisprudence regarding constitutional reforms typically maintains a cautious approach, with community judges generally differentiating between internal constitutional revisions and clear violations of human rights. The verdict in the Togolese case represents an infrequent application of Article 23 of the CADEG to a constitutional revision enacted by a parliamentary vote.
The Gnassingbé family has continuously held power in Togo since 1967. Faure Gnassingbé ascended to the presidency in 2005 following the death of his father, Gnassingbé Eyadéma, and was subsequently confirmed through four successive presidential elections (2005, 2010, 2015, 2020). The 2024 reform notably eliminated the direct universal suffrage for presidential elections before his fourth term was set to conclude in 2025.