Togo constitutional reform faces legal blow from ECOWAS court

The ECOWAS Court of Justice has delivered a landmark ruling declaring Togo’s 2024 constitutional reform an “unconstitutional change of government,” effectively circumventing presidential term limits. While the verdict does not invalidate the new Constitution, it provides the opposition with a powerful legal and political tool to challenge Faure Gnassingbé’s continued leadership.

Legal implications: no nullification, no penalties

The ECOWAS Court’s decision carries no immediate legal obligation to overturn the contested constitutional changes. The judges refrained from annulling the May 2024 Constitution or imposing sanctions on Togo. Instead, they urged Lomé to ensure future reforms align with international obligations, particularly the African Charter on Democracy, Elections and Governance (ACDEG). Costs were split between the parties.

The ruling dismissed a key claim by plaintiffs regarding the violation of citizens’ right to participate in public affairs. The judges noted that legislative elections held on April 29, 2025, saw over two million registered voters participate, with no evidence of voter suppression or candidate exclusion.

Opposition hails decision, government silent

The National Alliance for Change (ANC), led by Jean-Pierre Fabre, hailed the verdict as a “severe political, legal, and moral rebuke” to the Togolese government. The party called for a political transition to “rebuild the Republic’s foundations” and urged international partners to consider the ruling in their engagements with Lomé.

As of this report, the Togolese government had not publicly responded to the verdict. ECOWAS Court jurisprudence on constitutional reforms typically treads cautiously, often distinguishing internal revisions from clear human rights violations. This case marks a rare application of Article 23 of the ACDEG to a parliamentary-driven constitutional amendment.

Since 1967, the Gnassingbé family has governed Togo without interruption. Faure Gnassingbé assumed the presidency in 2005 following his father’s death and won re-election in 2005, 2010, 2015, and 2020. The 2024 reform eliminated direct presidential elections before his fourth term expired in 2025, shifting power to a parliamentary system where the prime minister—the leader of the majority party—holds executive authority.