CEDEAO court challenges Togo’s constitutional reform impacting faure gnassingbé’s power

The ECOWAS Court of Justice, on January 29, 2026, issued a landmark ruling regarding the constitutional reform enacted by the Togolese National Assembly on March 25, 2024. The full publication of this decision has recently ignited intense debate across Togo, as the Court definitively declared the reform to be an “unconstitutional change of government” under Article 23(5) of the African Charter on Democracy, Elections and Governance (CADEG).

The community court determined that the reform’s context, content, and projected outcomes clearly indicated an intent to circumvent the presidential term limits established by the previous Constitution. Notably, the Court highlighted that the modification was adopted by a National Assembly whose mandate had already expired on December 31, 2023. Furthermore, the reform was passed without prior national consultation, just before scheduled legislative elections, raising concerns about its legitimacy and timing.

The March 2024 reform ushered in Togo’s Fifth Republic, transforming the nation from a semi-presidential system to a fully parliamentary one. Under this new framework, the President of the Republic is no longer directly elected by popular vote but by members of Parliament, serving a four-year term, renewable once. The bulk 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 led Togo as President of the Republic since 2005 following the death of his father Gnassingbé Eyadéma, currently holds this newly established position, solidifying his role in the nation’s leadership.

Limited Scope: No Annulment, No Sanctions

Despite its strong language, the ECOWAS Court of Justice’s ruling carries no immediate binding legal effect on the contested reform. The judicial body neither annulled the Constitution of May 6, 2024, nor imposed any sanctions against the Togolese Republic. Instead, the Court restricted its directive to enjoining the Togolese state to ensure that any future constitutional reforms adhere to its international obligations, particularly those under CADEG. Procedural costs for the case were allocated to each party involved.

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

The case (n° ECW/CCJ/APP/15/24) was initiated on April 18, 2024, by the Togolese League of Human Rights (LTDH) alongside twelve other applicants. These included several prominent 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 various human rights advocacy groups. The judgment was delivered by a panel of three judges, presided over by Judge Ricardo Cláudio Monteiro Gonçalves.

Opposition Praises Decision, Lomé Remains Silent

In a statement released on June 21, 2026, the ANC hailed the ruling as a “severe political, legal, and moral repudiation for the current government 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, which were first articulated in March 2024, and urged Togo’s international partners to factor this significant judgment into their engagements with Lomé. This development is crucial for African news today, highlighting key aspects of Africa politics English.

As of the time of this report, the Togolese government had not issued any public response to the ruling. The jurisprudence of the ECOWAS Court of Justice concerning constitutional reforms typically maintains a cautious approach, with community judges generally differentiating between internal constitutional revisions and clear violations of human rights. The judgment in the Togolese case represents an uncommon application of Article 23 of the CADEG to a constitutional revision approved by a parliamentary body.

The Gnassingbé family has maintained uninterrupted governance in Togo since 1967. Faure Gnassingbé initially ascended to the presidential office in 2005 following the death of his father, Gnassingbé Eyadéma, and was subsequently confirmed through four consecutive presidential elections (2005, 2010, 2015, 2020). The controversial 2024 reform effectively abolished direct universal suffrage for the presidency before his fourth term was set to conclude in 2025, fundamentally altering the landscape of Faure Gnassingbé’s power.