The ECOWAS Court of Justice, in a judgment delivered on January 29, 2026, which has recently sparked considerable debate in Togo following its full publication, determined that the constitutional reform enacted by the Togolese National Assembly on March 25, 2024, constitutes an « unconstitutional change of government ». This finding aligns with Article 23(5) of the African Charter on Democracy, Elections and Governance (CADEG).

The regional court concluded that the reform’s context, substance, and anticipated outcomes clearly indicated an intent to bypass the presidential term limits established by the previous Constitution. Specifically, the Court highlighted that the amendment was passed after the National Assembly’s mandate had already expired on December 31, 2023. Furthermore, the reform was adopted without prior national consultation, just before legislative elections were scheduled.

The March 2024 reform, which ushered in the Fifth Togolese Republic, transformed the nation from a semi-presidential system to a fully parliamentary one. Under this new structure, 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 now rests with a President of the Council of Ministers, who must be the leader of the majority party in the National Assembly. Faure Essozimna Gnassingbé, who had served as President of Togo since 2005 following his father Gnassingbé Eyadéma’s passing, now holds this newly created position.

Limited Scope: No Annulment, No Sanctions

The ECOWAS Court of Justice’s ruling does not impose immediate binding legal consequences on the disputed reform in West Africa. The judicial body neither invalidated the Constitution of May 6, 2024, nor issued any sanctions against the Togolese Republic. Its directive merely instructed the Togolese State to ensure that all future constitutional reforms adhere to its international obligations, particularly those outlined in the CADEG. Procedural costs were allocated to each party involved.

The Court also dismissed one of the primary complaints from the applicants, concerning the alleged violation of citizens’ right to directly participate in public affairs. It noted that the legislative elections held on April 29, 2025, saw 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 Human Rights League (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), as well as human rights advocacy groups. The judgment was delivered by a panel of three judges, presided over by Judge Ricardo Cláudio Monteiro Gonçalves.

Opposition Welcomes Ruling, Lomé Remains Silent

In a statement issued on June 21, 2026, the ANC characterized the ruling as a « severe political, legal, and moral repudiation for the current Togolese government ». The party urged for a « political transition » to « re-establish the foundations of the Republic ». Jean-Pierre Fabre’s party asserted that the decision validates its stances expressed as early as March 2024, and called upon Togo’s international partners to consider this judgment in their engagements with Lomé, a significant development in African politics.

The Togolese government had not publicly commented on the ruling at the time of this report. The ECOWAS Court of Justice’s jurisprudence regarding constitutional reforms typically demonstrates caution, with community judges usually differentiating between internal constitutional revisions and clear human rights violations. The judgment in the Togolese case represents an uncommon application of CADEG’s Article 23 to a constitutional amendment passed by a parliament.

The Gnassingbé family has continuously governed Togo since 1967. Faure Gnassingbé assumed the presidential office in 2005 following his father’s death, subsequently being confirmed through four successive presidential elections (2005, 2010, 2015, 2020). The 2024 reform abolished direct universal suffrage for presidential elections before his fourth term was set to conclude in 2025.