ECOWAS Court Rules Togo’s Parliamentary Shift Unconstitutional
On Thursday, the Economic Community of West African States (ECOWAS) Court of Justice delivered a verdict that Togo’s March 2024 constitutional amendment – which would replace direct presidential elections with a parliamentary selection of the head of state – contravenes the country’s democratic obligations under the ECOWAS Protocol on Democracy and Good Governance.
Background of the 2024 Constitutional Reform
In March 2024, Togo’s National Assembly passed a package of amendments that:
- abolished the popular vote for the president;
- introduced a system whereby the president is elected by the legislature for a single, non‑renewable six‑year term;
- retained the existing bicameral parliament but reduced the threshold for overriding a presidential veto.
The reform was championed by the ruling Union for the Republic (UNIR) party, which holds a supermajority in the assembly. Opposition leaders, including Jean‑Pierre Fabre of the Alliance of Democrats for Integral Development (ADI), denounced the move as a “constitutional power grab” designed to allow President Faure Gnassingbé to remain in office indefinitely.
Togo’s current constitution, adopted in 1992 and last revised in 2019, already limited the president to two five‑year terms. Gnassingbé, who has been in power since 2005, would have been ineligible for another direct election under the 2019 rules. The 2024 change therefore sought to reset the term limits indirectly.
Court’s Reasoning and Findings
The ECOWAS Court examined three core issues:
- Whether the National Assembly that adopted the amendments still possessed a legitimate mandate;
- Whether the substantive changes respected the democratic principles enshrined in the ECOWAS Protocol;
- Whether the procedural steps followed the requirements of Togo’s own constitution.
The court found that the parliamentary term had expired in October 2023, and that the March 2024 session was convened without a valid electoral mandate. Consequently, any legislation passed during that period lacked the authority to amend the constitution.
Regarding substance, the judges held that replacing a direct popular vote with an indirect legislative election undermines the principle of universal suffrage, a cornerstone of democratic governance in the region. The decision cited Article 4 of the ECOWAS Protocol on Democracy and Good Governance, which obliges member states to “ensure that the will of the people is expressed through free, fair and transparent elections.”
The ruling also noted that the amendment process bypassed Togo’s Constitutional Court, which, under the 1992 constitution, must be consulted on any change affecting the fundamental rights of citizens.
Reactions from Political Actors and Civil Society
Opposition parties welcomed the judgment as a vindication of their claims. In a statement, the Alliance of Democrats for Integral Development (ADI) said:
“The ECOWAS Court has affirmed what Togo’s citizens have long suspected: the recent constitutional tweak was an illegitimate attempt to entrench a single family’s rule.”
Human rights organizations, including Amnesty International Togo and the West African Human Rights Defenders Network, echoed the sentiment, emphasizing that the decision provides a legal basis for challenging further authoritarian maneuvers.
The government of Togo, through the Ministry of Justice, described the ruling as “advisory” and reiterated its commitment to “dialogue and national reconciliation.” Legal experts note that, while the ECOWAS Court’s judgments are not directly enforceable in domestic courts, they carry significant persuasive weight and can influence regional sanctions or aid decisions.
Implications for Togo’s Democratic Trajectory
The verdict arrives amid heightened scrutiny of Togo’s political landscape. Observers from the International Crisis Group and the Afrobarometer survey have recorded declining public trust in electoral institutions, with only 38 % of respondents expressing confidence in the 2023 legislative elections.
Analysts suggest that the ruling may:
- encourage opposition groups to file domestic challenges before Togo’s Constitutional Court;
- prompt ECOWAS to consider targeted measures, such as suspension of Togo from regional decision‑making bodies, if the government ignores the judgment;
- reinforce calls for a comprehensive national dialogue on electoral reform, term limits, and the independence of the judiciary.
For citizens, the decision offers a tangible reminder that regional legal mechanisms can serve as a check on unilateral constitutional changes, even when those changes are enacted by a parliamentary majority.
As Togo navigates the aftermath of this ruling, the balance between executive authority and democratic accountability will remain a central theme in the nation’s political discourse.
