Togo: the reform that keeps Faure Gnassingbé in power rejected by the ECOWAS Court

The Court of Justice of the Economic Community of West African States (ECOWAS) concluded in a ruling issued on January 29, 2026, which was recently published and generated strong reactions in Togo, that the constitutional reform adopted by the Togolese National Assembly on March 25, 2024, constitutes an “unconstitutional change of government” in the sense of Article 23(5) of the African Charter on Democracy, Elections and Governance (ACDEG).

The regional jurisdiction deemed that the context, content, and expected effects of the reform demonstrated an intent to bypass the presidential term limits set by the previous Constitution. The Court particularly noted that the amendment was adopted after the mandate of the National Assembly that carried out the revision had expired on December 31, 2023, and that the reform was voted on without prior national consultation, just before legislative elections.

The reform of March 2024, which established the Fifth Togolese Republic, shifted the country from a semi-presidential regime to a fully parliamentary system. The President of the Republic is no longer elected by direct universal suffrage but by the members of Parliament, for a renewable four-year term. Most executive power is now concentrated in the hands of a Prime Minister, who must be the leader of the majority party in the National Assembly. Faure Essozimna Gnassingbé, who has led Togo as President since 2005 following the death of his father Gnassingbé Eyadéma, holds this new position.

Limited Scope: No Annulment, No Sanction

The ruling of the ECOWAS Court of Justice does not carry immediate binding legal effect on the contested reform. The court neither annulled the Constitution of May 6, 2024, nor imposed any sanctions against the Togolese Republic. It limited itself to urging the Togolese state to ensure that any future constitutional reforms comply with its international obligations, particularly the ACDEG. The legal costs were assigned to each party.

The Court also dismissed one of the main grievances of the applicants regarding the violation of citizens’ rights to directly participate in public affairs. It pointed out that the legislative elections of April 29, 2025, had taken place with the participation of over two million registered voters, and no concrete evidence showed that citizens had been prevented from voting or running for office.

The case (No. ECW/CCJ/APP/15/24) was filed on April 18, 2024, by the Togolese League of Human Rights (LTDH) and twelve other applicants, including several opposition parties – the National Alliance for Change (ANC) led by Jean-Pierre Fabre, the Alliance of Democrats for Integral Development (ADDI), and the Democratic Forces for the Republic (FDR) – as well as human rights advocacy associations. The ruling was made by a panel of three judges, led by Judge Ricardo Cláudio Monteiro Gonçalves.

The Opposition Welcomes the Decision, Lomé Remains Publicly Silent

In a statement dated June 21, 2026, the ANC described the ruling as “a severe political, legal, and moral rebuke for the ruling power in Togo” and called for a “political transition” to “refound the bases of the Republic.” Jean-Pierre Fabre’s party asserted that the decision confirmed its positions expressed as early as March 2024, and invited Togo’s international partners to take this ruling into account in their relations with Lomé.

The Togolese government had not publicly responded to the ruling at the time this dispatch was written. The jurisprudence of the ECOWAS Court of Justice regarding constitutional reforms remains generally cautious, with the judges typically distinguishing internal constitutional revisions from clear violations of human rights. The ruling in the Togolese case represents a rare application of Article 23 of the ACDEG to a constitutional revision voted on by a Parliament.

The Gnassingbé family has ruled Togo continuously since 1967. Faure Gnassingbé came to presidential power in 2005 after his father’s death, and he has been confirmed by three successive presidential elections (2005, 2010, 2015, 2020). The reform of 2024 eliminated the election of the president by direct universal suffrage before his fourth term ends in 2025.