The Community Court of Justice of the Economic Community of West African States (ECOWAS) issued a judgment on January 29, 2026, whose recent full publication has ignited intense debate in Togo. The court concluded that the constitutional reform enacted by the Togolese National Assembly on March 25, 2024, constitutes an “unconstitutional change of government” as defined by Article 23(5) of the African Charter on Democracy, Elections and Governance (CADEG).

The regional judicial body determined that the context, substance, and anticipated consequences of the reform demonstrated a clear intention to bypass the presidential term limits stipulated in the previous Constitution. Notably, the court highlighted that the amendment was approved by a National Assembly whose mandate had already expired on December 31, 2023. Furthermore, the reform was passed without prior national consultation, occurring just before legislative elections were due.

The March 2024 reform inaugurated Togo’s Fifth Republic, transforming the nation from a semi-presidential system into a fully parliamentary one. Under the new framework, the President of the Republic is no longer chosen by direct universal suffrage but by members of Parliament, serving a four-year term, renewable once. The bulk of executive authority is now vested in a President of the Council of Ministers, who must be the leader of the majority party in the National Assembly. Faure Essozimna Gnassingbé, who governed Togo as President of the Republic since 2005 following the death of his father, Gnassingbé Eyadéma, now holds this newly created position.

Limited scope: no annulment, no sanctions

The ruling by the ECOWAS Court of Justice does not carry immediate binding legal effect on the contested reform. The court neither invalidated the Constitution of May 6, 2024, nor imposed sanctions against the Togolese Republic. Its decision was limited to instructing the Togolese state to ensure that all future constitutional reforms comply with its international obligations, particularly the CADEG. Court costs were divided between the parties involved.

The court also 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 observed that the legislative elections of April 29, 2025, proceeded with the participation of over two million registered voters, and no concrete evidence indicated that citizens were prevented from voting or running for office.

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 petitioners, 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 human rights organizations. The judgment was delivered by a panel of three judges, presided over by Justice Ricardo Cláudio Monteiro Gonçalves.

Opposition welcomes decision, Lomé remains silent

In a statement dated June 21, 2026, the ANC characterized the ruling as a “severe political, legal, and moral repudiation for the government in power in Togo.” The party called for a “political transition” aimed at “re-establishing the foundations of the Republic.” Jean-Pierre Fabre’s party asserted that the decision validated its positions articulated since March 2024 and urged Togo’s international partners to consider this judgment in their engagements with Lomé.

The Togolese government had not issued a public response to the ruling at the time of this report. The jurisprudence of the ECOWAS Court of Justice regarding constitutional reforms typically maintains a cautious approach, 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 Article 23 of the CADEG to a constitutional revision enacted by a Parliament.

The Gnassingbé family has continuously governed Togo since 1967. Faure Gnassingbé first assumed presidential power in 2005 following the death of his father, and was subsequently re-elected in three consecutive presidential elections (2005, 2010, 2015, 2020). The 2024 reform eliminated direct presidential elections before his fourth term was scheduled to conclude in 2025.