University of Lomé: Lomé Colloquium Scrutinizes ECOWAS Court Competence

• An international colloquium in Lomé in October 2026 discussed regional human rights jurisdictions, focusing on the ECOWAS Court's competence.
• The ECOWAS Court of Justice ruled on January 29, 2026, that Togo's constitutional reform of March 25, 2024, violated Article 23 of the African Charter on Democracy.
• The regional court characterized the constitutional changes in Togo as an "unconstitutional change."
• The colloquium's emphasis on state sovereignty and judicial limits has drawn criticism for overshadowing democratic principles and citizen rights.
• Critics question why academic scrutiny of the constitutional reform itself was less intense than the current debate over the ECOWAS Court's jurisdiction.

The core issue, therefore, is not merely about the Souveraineté des États CEDEAO or the technicalities of judicial authority, but about upholding democratic principles and citizen rights, which the ECOWAS Court's finding of an "unconstitutional change" aimed to address.

An international colloquium convened at the University of Lomé on October 29 and 30, 2026, ostensibly to discuss regional human rights protection jurisdictions. However, the event's timing and the specific questions prioritized by its organizers suggested a deeper agenda: scrutinizing the competence of the ECOWAS Court of Justice. This Lomé colloquium, focusing on the boundaries of regional judicial oversight, emerged against a backdrop of significant legal developments concerning Togo's constitutional framework.

The discussions at the university forum, which included various personalities, centered on the sovereignty of states and the perceived limits of regional judicial review. Critics observed that this emphasis overshadowed fundamental questions regarding democratic principles and the protection of citizen rights, which arguably warranted more central attention. The role of the university as an independent intellectual space, rather than a platform for political concerns, was also brought into question by the nature of the proceedings.

The impetus for this academic debate stems directly from a pivotal decision issued by the Cour de justice de la CEDEAO on January 29, 2026. This ruling, which followed a petition filed by the Togolese League of Human Rights (Ligue togolaise des droits de l'homme) and other applicants, directly addressed the constitutional reform in Togo enacted on March 25, 2024. The regional court concluded that this reform contravened Article 23 of the African Charter on Democracy, Elections, and Governance.

Furthermore, the ECOWAS Court characterized the situation resulting from the constitutional changes as an "unconstitutional change." This definitive pronouncement from the ECOWAS Court on the legality of the Réforme constitutionnelle Togo 2024 has become an unavoidable starting point for any serious discussion about the nation's political and legal trajectory, directly challenging the state's actions on a regional level.

The focus of the Lomé colloquium on ECOWAS Court competence has sparked questions regarding the consistency of academic scrutiny in Togo. Observers have highlighted a notable disparity: while the limits of the regional court's jurisdiction are now a subject of intense academic mobilization, the profound constitutional transformation itself, which occurred on March 25, 2024, did not elicit the same level of critical engagement from legal scholars at the time. This shift in focus raises concerns about intellectual constancy and the university's role in public discourse.

The transformation of a political regime involves fundamental aspects such as popular sovereignty, national representation, the separation of powers, and mechanisms to limit public authority. The form and conditions under which the constitutional modification was adopted did not provoke the same critical ardor from some jurists as they now deploy to examine the competence of the Cour de justice de la CEDEAO Togo. This suggests that the academic community's critical lens became sharper only after the ECOWAS Court rendered a decision that challenged the government's position, rather than during the reform process itself. The core issue, therefore, is not merely about the Souveraineté des États CEDEAO or the technicalities of judicial authority, but about upholding democratic principles and citizen rights, which the ECOWAS Court's finding of an "unconstitutional change" aimed to address.

Lawyers advising on Togolese law must be aware of the ongoing debate regarding the competence of the ECOWAS Court of Justice to rule on national constitutional matters, particularly concerning the 2024 constitutional reform. Despite domestic attempts to question its jurisdiction, the ECOWAS Court's finding of unconstitutionality creates legal uncertainty and potential challenges to the reform's validity, which could impact legal stability and compliance for businesses and individuals.

Source: Analysis from a regional publication.