The ECOWAS Court of Justice issued a landmark ruling on January 29, 2026, declaring Togo’s 2024 constitutional reform inconsistent with the African Charter on Democracy, Elections and Governance (ACDEG). The court found that the reform—adopted by Togo’s National Assembly on March 25, 2024—amounted to an unconstitutional change of government under Article 23(5) of the ACDEG.

Judges concluded that the reform’s timing, content, and intended effects clearly aimed to bypass the presidential term limits embedded in the previous constitution. They highlighted that the reform was passed after the National Assembly’s mandate had expired on December 31, 2023, and was approved without prior national consultation, just before legislative elections.

The 2024 reform transitioned Togo from a semi-presidential system to a fully parliamentary one. Under the new 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 in the Assembly. Faure Gnassingbé, who had led Togo as president since 2005 following his father’s death, assumed this new role.

Limited legal impact: no nullification, no penalties

The ECOWAS Court’s ruling carries no immediate legal obligation to overturn the 2024 constitution or impose sanctions on Togo. Instead, the court urged the Togolese government to ensure that future constitutional amendments comply with international obligations, particularly the ACDEG. Each party was ordered to cover its own legal costs.

The judges dismissed one of the plaintiffs’ key claims—that the reform violated citizens’ right to participate directly in public affairs. They noted that the April 29, 2025 legislative elections saw over two million registered voters participate, with no concrete evidence of voter suppression or candidate exclusion.

The case (ECW/CCJ/APP/15/24) was filed on April 18, 2024, by the Togolese Human Rights League (LTDH) and twelve other plaintiffs, including opposition parties such as 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), along with human rights organizations. The ruling was delivered by a three-judge panel led by Judge Ricardo Cláudio Monteiro Gonçalves.

Opposition hails ruling while Lomé remains silent

In a June 21, 2026 statement, the ANC described the ruling as a severe political, legal, and moral rebuke of the incumbent government and called for a political transition to rebuild the foundations of the Republic. The party, led by Jean-Pierre Fabre, asserted that the decision validated its long-standing position against the 2024 reform and urged Togo’s international partners to consider the ruling in their engagements with Lomé.

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

The Gnassingbé family has governed Togo continuously since 1967. Faure Gnassingbé assumed the presidency in 2005 after his father’s death and was subsequently confirmed through four presidential elections (2005, 2010, 2015, and 2020). The 2024 reform eliminated direct presidential elections before his fourth term expired in 2025, shifting power to a parliamentary system.