Doctoral thesis defense in Lomé on contract freedom in OHADA cooperative law
Doctoral Thesis Defense Examines Contractual Freedom in OHADA Cooperative Law
On Wednesday, July 29, 2026, Mr. Sahalim Akan successfully defended his doctoral thesis in private law, titled “Contractual Freedom in the OHADA Uniform Act on Cooperative Societies Law”, at the University of Lomé in Togo.
The defense took place in Lecture Hall N°1 of the LTAG building, marking a significant contribution to legal scholarship in West Africa.
Jury Composition and Academic Expertise
The examining board featured distinguished legal scholars from across the region:
- Prof. Koffi Mawunyo Agbenoto, Full Professor at the University of Lomé (Togo) and Jury President;
- Dr. Ampah Johnson-Ansah, Senior Lecturer at the University of Lomé (Togo), Internal Reviewer;
- Dr. Gnidouba Roger Lanou, Associate Professor at Thomas Sankara University (Burkina Faso), External Reviewer;
- Dr. Koffi Edem Avegnon, Associate Professor at the University of Lomé (Togo), Examiner;
- Dr. Akrawati Shamsidine Adjita, Senior Lecturer and Dean of the Faculty of Law at the University of Lomé (Togo), Thesis Supervisor.
Exploring the Role of Contractual Freedom in Cooperative Societies
The study delves into the concept of contractual freedom within the framework of the OHADA Uniform Act on Cooperative Societies (AUSCOOP), challenging traditional views that emphasize rigid regulatory constraints. While cooperative societies in the OHADA zone are governed by mandatory rules, the research highlights the existence of strategic leeway available to cooperative members through carefully drafted statutes and internal regulations.
The analysis underscores that contractual freedom is not entirely absent but is instead exercised within defined boundaries. These boundaries are shaped by the cooperative’s institutional structure and the overarching principles of corporate public policy, which aim to protect the core values of cooperative law.
Key Findings and Legal Implications
The research reveals that cooperative members—referred to as cooperative associates—enjoy substantial statutory freedom during both the formation and operational phases of their societies. This freedom is particularly evident in the drafting of foundational documents, where associates can exercise choice and supplement legal defaults.
However, this freedom is not absolute. It remains subject to mandatory provisions designed to preserve the essential principles of cooperative law, such as transparency, equity, and member solidarity. The study identifies gaps in current legislation and proposes reforms to enhance the AUSCOOP framework, ensuring a balance between flexibility and legal certainty.
The findings also contribute to the ongoing debate between contractual theory and institutional theory of legal personality, offering valuable insights for both legal theorists and practitioners. For those navigating the complexities of cooperative law in the OHADA region, this work uncovers previously overlooked opportunities for legal maneuvering within the system’s constraints.
Practical Takeaways for Cooperative Societies
The thesis emphasizes the importance of strategic legal drafting for cooperative societies. By leveraging the spaces for contractual freedom, associates can tailor their operations to better align with their unique needs while remaining compliant with OHADA’s cooperative law framework. The study serves as a practical guide for legal professionals, cooperative leaders, and policymakers seeking to optimize the legal environment for cooperatives in West Africa.
