In a ruling delivered on January 29, 2026, the ECOWAS Court of Justice recently confirmed 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 full publication of this decision has sparked intense debate across Togo.

The regional court determined that the background, provisions, and anticipated outcomes of the reform clearly indicated an intention to bypass the presidential term limits established by the previous Constitution. Notably, the Court highlighted that the legislative body responsible for this revision had seen its mandate expire on December 31, 2023. Furthermore, the reform was adopted without prior national consultation, occurring just before scheduled legislative elections.

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 structure, the President is no longer directly elected by universal suffrage but by members of Parliament, serving a four-year term, renewable once. The majority of executive authority now resides 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 has governed Togo as President since 2005 following the death of his father, Gnassingbé Eyadéma, has transitioned into this newly created role.

limited impact: no annulment, no sanctions imposed

Despite its strong language, the ECOWAS Court of Justice’s ruling does not carry immediate binding legal implications for the disputed reform. The judicial body did not annul the Constitution of May 6, 2024, nor did it impose sanctions on 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. Procedural costs were allocated to each party involved in the case.

The Court also dismissed one of the primary grievances put forth by the plaintiffs, 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 demonstrate 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 the National Alliance for Change (ANC) led by Jean-Pierre Fabre, 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 panel of three judges, presided over by Judge Ricardo Cláudio Monteiro Gonçalves.

togolese opposition welcomes decision, Lomé remains silent

In a statement issued on June 21, 2026, the ANC hailed the ruling as a “severe political, legal, and moral disavowal for the current power 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 expressed as early as March 2024 and urged Togo’s international partners to take this ruling into account in their diplomatic relations with Lomé.

As of this report, the Togolese government has not issued a public response to the judgment. The ECOWAS Court of Justice’s jurisprudence concerning constitutional reforms typically maintains a cautious stance, with community judges generally distinguishing between internal constitutional revisions and clear violations of human rights. The ruling in the Togolese case represents a rare application of Article 23 of the CADEG to a constitutional revision passed by a national Parliament.

The Gnassingbé family has maintained continuous governance in Togo since 1967. Faure Gnassingbé assumed the presidency in 2005 following the death of his father, subsequently being confirmed through three successive presidential elections (2005, 2010, 2015, 2020). The 2024 reform strategically eliminated the direct universal suffrage presidential election before his fourth term was set to conclude in 2025.