Togolese authorities swiftly issued their rebuttal. Following the ECOWAS Court of Justice’s decision on January 29, which characterized Togo’s March 2024 constitutional overhaul as an « unconstitutional change of government », the government responded definitively this past Sunday. For the Togolese executive, the regional judicial body unequivocally exceeded its designated authority.

« No competence for constitutional review »

In its initial official statement, the Togolese government clarified the actual powers of the Abuja-based regional institution:

« The Court lacks any jurisdiction to review the constitutionality of domestic law, nor does it hold the right to judge a national constituent power », the official communiqué firmly asserted.

The executive emphasized that while the regional Court is empowered to monitor human rights and adherence to community law, it cannot usurp the role of a sovereign state’s Constitutional Court.

Furthermore, the authorities specified that the sole regional instrument designed to regulate constitutional revisions (the Protocol on Democracy and Good Governance) can only be invoked by the States themselves, not by private individuals.

Lack of standing for applicants and absence of violations

The government highlighted several significant deficiencies in the process that led to the Court’s ruling:

• Inadmissibility of certain applicants: The Court itself dismissed the Association of Victims of Torture in Togo (ASVITTO) and the political party ADDI due to insufficient proof of legal registration.

• No violation of participation rights found: The regional court determined that Togo had not failed in its obligations regarding its citizens’ right to participate in public affairs.

• Absence of evidence: The executive denounced qualifications based on presumptions of intent, lacking any substantive evidence to support an alleged « anti-democratic design ».

No impact on the current constitutional order

For Lomé, the logical conclusion drawn by the Court itself underscores the applicability of the new fundamental text: the judicial body refused to order the withdrawal of the 2024 constitutional law, despite the express demands of the applicants, and did not impose any financial reparations.

« No obligation to undo the existing constitutional order arises from this », clarified the authorities, who reiterated that the reform establishing the 5th Republic was adopted following an open public debate and extensive consultations with the nation’s vital forces.