ECOWAS Court: Togo Constitutional Reform Ruled Unconstitutional

• The ECOWAS Court of Justice ruled that Togo's March 2024 constitutional reform constitutes an "unconstitutional change of government."
• This reform established a Fifth Republic, replacing direct presidential elections with a parliamentary system.
• The new constitution was adopted by a National Assembly whose mandate had already expired.
• Opposition parties, led by figures like Nathaniel Olympio, are demanding a political transition, citing the government's lack of legitimacy.
• Faure Gnassingbé, who served as president until 2025, assumed the newly created role of President of the Council on May 3, 2025.

The ECOWAS Court of Justice has declared Togo's March 2024 constitutional reform an 'unconstitutional change of government,' a finding that now underpins calls for a political transition and challenges the legitimacy of the current administration.

The ECOWAS Court of Justice has issued a significant ruling, characterizing Togo's constitutional reform of March 2024 as an "unconstitutional change of government." This declaration stems from a case initiated two years prior by 13 political parties and organizations, challenging the legality of the constitutional amendments. The reform ushered in Togo's Fifth Republic, fundamentally altering the nation's governance structure by introducing a parliamentary system and eliminating direct universal suffrage for presidential elections.

Crucially, this new constitution was adopted by a National Assembly whose legislative mandate had already expired, raising questions about the legitimacy of the process. Following these changes, Faure Gnassingbé, who had served as the country's president from 2005 until 2025, assumed the newly established position of President of the Council on May 3, 2025. This new role was a direct consequence of the 2024 constitutional overhaul, which redefined the executive branch's structure.

In response to the ECOWAS Court's finding, Togo's opposition has intensified its calls for a political transition, asserting that the current government lacks legitimacy. On August 25, 2026, a coalition of opposition parties convened to demand a transitional period, aiming to "find the means to relaunch the foundations of the Republic." This demand was reiterated at a press conference held by opposition parties following the publication of a memorandum detailing the ECOWAS Court's ruling, which became public at the end of January.

Nathaniel Olympio, spokesperson for the "Touche pas à ma Constitution" front, articulated the opposition's firm stance, stating that they "expect nothing more from this government which has no legitimacy, no legality and is therefore disqualified, according to the texts of the African Union Charter." He emphasized that a transition represents the "only peaceful way" for Togolese citizens to avoid "unnecessary convulsions." Olympio further indicated that the opposition's strategy involves a combination of internal actions and diplomatic engagement with regional bodies like the ECOWAS (CEDEAO Cour de Justice Togo) and the African Union, urging these institutions to uphold their responsibilities in light of the court's judgment.

The ECOWAS Court's declaration of an "unconstitutional change of government" regarding the Togo réforme constitutionnelle 2024 introduces significant legal and political uncertainty within the nation. This ruling directly challenges the legal foundation of the current administration and any laws enacted under the new constitutional framework. The opposition's immediate response, demanding a Togo transition politique and questioning the government's legitimacy, underscores the gravity of the court's pronouncement.

For legal professionals and compliance officers advising entities operating in Togo, the situation necessitates close monitoring. The legitimacy of the government and its legislative actions may face ongoing challenges, potentially impacting contractual obligations, regulatory adherence, and overall investment risk. The ECOWAS Court's intervention highlights the regional body's role in upholding constitutional principles, even as the practical implications for Togo's political landscape continue to unfold.

This ECOWAS Court ruling, declaring Togo's 2024 constitutional reform an 'unconstitutional change of government,' creates significant legal and political uncertainty. Lawyers and compliance officers advising entities in Togo should monitor developments closely, as the legitimacy of the current government and laws enacted under the new constitution may be challenged, impacting contractual obligations, regulatory compliance, and overall investment risk.

Source: Original reporting via RFI