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Ecowas finds reform unconstitutional

Publish date: 06 July 2026
Issue Number: 1184
Diary: IBA Legalbrief Africa
Category: Togo

Togo’s constitutional reform establishing a parliamentary system was unconstitutional, according to the Ecowas Court of Justice. In the ruling, the court found that the reforms adopted in March 2024 contravene the democratic principles of the West African country, reports TrendsNAfrica. Under the new Constitution, the country’s President is no longer elected by universal suffrage but by lawmakers for a single six-year term. The change was supported by a parliamentary majority but the opposition calls it a power grab designed to let Faure Gnassingbé remain in office indefinitely. According to the court, the changes were passed by a Parliament whose mandate had expired. It ruled that this amounts to an unconstitutional change of government under African democratic standards. The ruling of the court does not carry immediate binding legal effect on the contested reform. The court neither annulled the Constitution of 6 May 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. 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 29 April 2025, had taken place with the participation of over 2m registered voters, and no concrete evidence showed that citizens had been prevented from voting or running for office.

Full report in TrendsNAfrica

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