Togo’s constitutional reform challenged by ECOWAS court ruling

The ECOWAS Court of Justice has ruled that Togo’s 2024 constitutional reform represents an unconstitutional change of government, effectively bypassing presidential term limits. While the decision does not invalidate the new Constitution, it provides opposition groups with a powerful legal and political tool to challenge Faure Gnassingbé’s continued leadership.

The January 29, 2026 ruling—widely circulated in recent days—found that the constitutional changes adopted by Togo’s National Assembly on March 25, 2024, violated the African Charter on Democracy, Elections and Governance (ACDEG). The court concluded that the reform’s timing, provisions, and intended effects were designed to sidestep existing presidential term restrictions. It noted that the revision was passed after the National Assembly’s mandate had expired (December 31, 2023) and without prior public consultation, just before legislative elections.

Key changes introduced by the 2024 reform include a shift from a semi-presidential to a fully parliamentary system. The President is no longer directly elected but chosen by Parliament for a four-year term, renewable once. Executive power now rests primarily with a Council of Ministers President, typically the leader of the majority party. Faure Essozimna Gnassingbé, who has led Togo since 2005 following his father’s death, now holds this new role.

Limited impact: no annulment, no sanctions

The ECOWAS Court’s judgment does not immediately overturn the disputed Constitution or impose penalties on Togo. Instead, it calls on the government to ensure future constitutional reforms comply with international obligations, particularly the ACDEG. Each party was ordered to cover its own legal costs.

The court also dismissed a major claim by plaintiffs regarding violations of citizens’ right to participate in public affairs. It noted that the April 29, 2025 legislative elections saw over two million registered voters participate, with no evidence of voter suppression or exclusion.

The case (ECW/CCJ/APP/15/24) was filed on April 18, 2024, by the Togolese Human Rights League and 12 other plaintiffs, including opposition parties such as the National Alliance for Change (ANC) led by Jean-Pierre Fabre, the Alliance of Democrats for Integrated Development (ADDI), and the Democratic Forces for the Republic (FDR), as well as human rights associations. The ruling was issued by a three-judge panel chaired by Judge Ricardo Cláudio Monteiro Gonçalves.

Opposition hails decision; Lomé remains silent

In a June 21, 2026 statement, the ANC described the ruling as a severe political, legal, and moral rebuke to the current administration and called for a political transition to rebuild the Republic’s foundations. The party urged international partners to consider the ruling in their engagements with Lomé.

The Togolese government had not publicly responded to the ruling at the time of reporting. ECOWAS Court jurisprudence on constitutional reforms has historically been cautious, often distinguishing between internal revisions and clear human rights violations. This case marks one of the rare instances where the court applied Article 23 of the ACDEG to a parliamentary-led constitutional amendment.

The Gnassingbé family has governed Togo since 1967. Faure Gnassingbé assumed the presidency in 2005 after his father’s death and has since been re-elected in 2005, 2010, 2015, and 2020. The 2024 reform removed the direct presidential election before his fourth term could conclude in 2025.