The judgment from the Economic Community of West African States (ECOWAS) Court of Justice, delivered on January 29, 2026, and fully published recently, has ignited intense debate across Togo. The Court declared that the constitutional reform enacted by the Togolese National Assembly on March 25, 2024, constitutes an “unconstitutional change of government” under Article 23(5) of the African Charter on Democracy, Elections and Governance (CADEG).

The regional judicial body determined that the circumstances, content, and anticipated outcomes of the reform clearly indicated an intention to circumvent the presidential term limits enshrined in the previous Constitution. The Court specifically noted that the amendment was passed after the National Assembly’s mandate had expired on December 31, 2023, and that the reform was adopted without prior national consultation, just before legislative elections were due to take place.

The March 2024 reform ushered in Togo’s Fifth Republic, transforming the nation from a semi-presidential system to a fully parliamentary one. Under the new framework, the President of the Republic is no longer directly elected by universal suffrage but by members of Parliament, serving a four-year term, renewable once. The majority of executive power has now shifted to the 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 the death of his father, Gnassingbé Eyadéma, currently holds this newly created powerful role.

limited impact: no annulment, no sanctions

The ECOWAS Court of Justice ruling carries no immediate binding legal effect on the contested reform. The court neither annulled the Constitution of May 6, 2024, nor imposed sanctions on the Togolese Republic. Instead, it merely instructed the Togolese State to ensure that all future constitutional reforms comply with its international obligations, particularly the CADEG. The procedural costs were assigned to each party involved in the case.

The Court also dismissed one of the primary grievances lodged by the applicants, which concerned the alleged violation of citizens’ right to directly participate in public affairs. It observed that the legislative elections held on April 29, 2025, saw the participation of over two million registered voters, and no concrete evidence was presented to suggest that citizens were prevented from voting or standing for election.

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 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), alongside various human rights associations. The judgment was rendered by a three-judge panel, presided over by Judge Ricardo Cláudio Monteiro Gonçalves.

opposition applauds decision, Lomé remains silent

In a statement dated June 21, 2026, the ANC hailed the ruling as a “severe political, legal, and moral repudiation for the current administration in Togo.” The party called for a “political transition” to “re-establish the foundations of the Republic.” Jean-Pierre Fabre’s party asserted that the decision validated its positions articulated as early as March 2024, urging Togo’s international partners to consider this judgment in their diplomatic relations with Lomé. This development highlights a critical moment in African politics and governance Africa.

The Togolese government had not publicly responded to the ruling at the time of this report. The jurisprudence of the ECOWAS Court of Justice concerning constitutional reforms typically remains cautious, with community judges usually distinguishing between internal constitutional revisions and clear violations of human rights. The judgment in the Togolese case represents an infrequent application of Article 23 of the CADEG to a constitutional revision passed by a national Parliament.

The Gnassingbé family has maintained continuous rule in Togo since 1967. Faure Gnassingbé assumed presidential power in 2005 after his father’s death, subsequently confirmed by four successive presidential elections (2005, 2010, 2015, 2020). The 2024 reform effectively abolished direct universal suffrage for presidential elections before his fourth term was set to expire in 2025, fundamentally altering the nation’s political trajectory.