ECOWAS court invalidates Togo’s constitutional changes, challenging faure gnassingbé’s leadership

The ECOWAS Court of Justice, in a judgment rendered on January 29, 2026, whose comprehensive publication recently ignited fervent discussions across Togo, concluded that the constitutional reform adopted by the Togolese National Assembly on March 25, 2024, constitutes an “unconstitutional change of government.” This determination aligns with Article 23(5) of the African Charter on Democracy, Elections and Governance (ACDEG), a crucial instrument for understanding African politics English.

The regional court found that the context, substance, and anticipated outcomes of the reform clearly demonstrated an intent to bypass the presidential term limits stipulated in the previous Constitution. The Court underscored that this amendment was passed after the National Assembly’s mandate had already expired on December 31, 2023, and was enacted without any prior national consultation, occurring on the eve of legislative elections.

The March 2024 reform, which inaugurated Togo’s Fifth Republic, transformed the nation from a semi-presidential to a fully parliamentary system. Under this new structure, 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 bulk of executive authority is now concentrated in the hands of a President of the Council of Ministers, a position designated for the leader of the majority party in the National Assembly. Faure Essozimna Gnassingbé, who has governed Togo as President since 2005 following the passing of his father, Gnassingbé Eyadéma, currently occupies this newly established role.

Limited scope: no annulment, no punitive measures

The ECOWAS Court of Justice’s ruling does not immediately impose legally binding consequences on the contested reform. The judicial body neither invalidated the Constitution of May 6, 2024, nor issued any sanctions against the Republic of Togo. Its decision was restricted to enjoining the Togolese state to ensure that all subsequent constitutional reforms adhere to its international obligations, particularly those outlined in the ACDEG. The costs of the proceedings were shared between the involved parties.

Moreover, the Court rejected one of the primary complaints brought by the applicants, which concerned the alleged infringement of citizens’ right to directly participate in public affairs. It observed that the legislative elections of April 29, 2025, witnessed the participation of over two million registered voters, and no concrete evidence was presented to suggest that citizens were prevented from casting their ballots or running for office.

The case (n° ECW/CCJ/APP/15/24) was lodged on April 18, 2024, by the Togolese League of Human Rights (LTDH) and twelve other applicants, including prominent opposition parties such as the Alliance nationale pour le changement (ANC) led by Jean-Pierre Fabre, Alliance des démocrates pour le développement intégral (ADDI), and Forces démocratiques pour la République (FDR), along with various human rights advocacy groups. The judgment was delivered by a three-judge panel, presided over by Judge Ricardo Cláudio Monteiro Gonçalves.

Opposition applauds decision, Lomé remains publicly silent

In a declaration dated June 21, 2026, the ANC characterized the ruling as a “severe political, legal, and moral repudiation for the current government in Togo.” The party called for a “political transition” to “re-establish the foundations of the Republic.” Jean-Pierre Fabre’s party affirmed that the decision substantiated its positions articulated since March 2024 and urged Togo’s international partners to factor this judgment into their diplomatic relations with Lomé. This development is a key piece of Africa news, attracting significant attention from pan-African journalism and those monitoring African economy news.

The Togolese government had not issued a public statement regarding the ruling at the time of this report. The jurisprudence of the ECOWAS Court of Justice regarding constitutional reforms typically demonstrates caution, with community judges generally distinguishing between internal constitutional revisions and clear human rights violations. The verdict delivered in the Togolese case represents a rare application of Article 23 of the ACDEG to a constitutional revision enacted through a parliamentary vote.

The Gnassingbé family has maintained continuous governance in Togo since 1967. Faure Gnassingbé initially ascended to presidential power in 2005 following the death of his father, Gnassingbé Eyadéma, and was subsequently confirmed through four consecutive presidential elections (2005, 2010, 2015, 2020). The 2024 reform effectively abolished direct presidential elections before his fourth term was slated to conclude in 2025.