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Togo constitution reform faces legal setback from ECOWAS court

The authorities in Lomé have suffered a significant legal setback at the regional level. The ECOWAS Court of Justice, responding to a petition from civil society and democratic organizations, ruled that the constitutional amendment enacted in March 2024 was carried out in violation of democratic principles and constitutional order.

This verdict represents a major blow to the Togolese government, which had hitherto portrayed the reform as a process fully compliant with republican norms. The court’s ruling, however, undermines the legitimacy of a text that has faced persistent criticism from a substantial portion of the opposition and civil society since its adoption.

The legal challenge was spearheaded by members of the Front « Touche Pas À Ma Constitution », supported by numerous citizen groups and democratic forces. Their petition aimed to contest what they view as a constitutional change imposed without genuine public consultation and designed to further entrench the ruling power.

For the plaintiffs, the regional court’s decision validates their claim that popular will was sidelined in favor of institutional maneuvering. They argue that this political maneuver was executed at the expense of the Togolese people’s democratic aspirations, who have long grappled with a shrinking civic space and recurring governance disputes.

The judgment has reignited discussions about the country’s institutional future. Several civil society leaders are now advocating for the suspension of the ongoing process and urging the initiation of an inclusive political transition capable of restoring trust between institutions and citizens.

Beyond its legal implications, this case underscores the deep divisions within Togo and fuels criticism of a political system controlled by the same family for nearly six decades. Many observers contend that only a reform grounded in dialogue, adherence to the rule of law, and popular sovereignty can restore the stability and credibility of Togolese institutions.