The judicial arm of the Economic Community of West African States (ECOWAS) published its comprehensive judgment on January 29, 2026, sparking considerable debate across Togo. The court concluded that the constitutional reform enacted by the Togolese National Assembly on March 25, 2024, constitutes an “unconstitutional change of government,” aligning with Article 23(5) of the African Charter on Democracy, Elections and Governance (CADEG).

The community court determined that the specific circumstances, content, and projected outcomes of the reform indicated a clear intent to bypass the presidential term limits enshrined in the previous Constitution. Notably, the Court highlighted that these amendments were adopted after the National Assembly’s mandate had officially expired on December 31, 2023. Furthermore, the reform was passed without prior national consultation, just before scheduled legislative elections.

The March 2024 reform ushered in Togo’s Fifth Republic, transforming the nation from a semi-presidential system into a fully parliamentary one. Under this new structure, the President of the Republic is no longer directly elected by popular vote but is chosen by members of Parliament for a four-year term, renewable once. The majority of executive power is now vested in 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 Togo’s President since 2005 following the death of his father, Gnassingbé Eyadéma, currently holds this newly created position.

Limited scope: no annulment, no sanctions

The ruling from the ECOWAS Court of Justice does not impose immediate binding legal consequences on the contested reform. The court neither annulled the Constitution of May 6, 2024, nor issued any sanctions against the Togolese Republic. Its decision was confined to instructing the Togolese state to ensure that all future constitutional reforms comply with its international obligations, particularly the CADEG. Court costs were shared between the parties involved.

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 noted 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 running for office.

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)—along with various human rights organizations. The judgment was delivered by a panel of three judges, presided over by Judge Ricardo Cláudio Monteiro Gonçalves.

Opposition welcomes decision, Lomé remains publicly silent

In a statement issued on June 21, 2026, the ANC characterized the ruling as a “severe political, legal, and moral rebuke for the ruling power 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 validated its positions expressed as early as March 2024 and urged Togo’s international partners to consider this judgment in their diplomatic engagements with Lomé.

As of the time of this report, the Togolese government had not publicly responded to the ruling. The jurisprudence of the ECOWAS Court of Justice regarding constitutional reforms generally remains cautious; community judges typically differentiate 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 parliament.

The Gnassingbé family has continuously governed Togo since 1967. Faure Gnassingbé assumed the presidency in 2005 following his father’s death and was subsequently confirmed through three successive presidential elections (2005, 2010, 2015, 2020). The 2024 Togo constitutional reform eliminated direct presidential elections before his fourth term was set to expire in 2025.