Togo: CEDEAO Constitution Togolaise Illégalité Declared by Court

• The ECOWAS Court of Justice declared Togo's 5th Republic constitution illegal due to being "tampered with."
• Ayayi Togoata Apédo-Amah criticized the Togolese regime for hosting a rule of law colloquium despite this court finding.
• Apédo-Amah asserts the regime is attempting to project a false democratic image while violating fundamental rights.
• He argues that anti-democratic acts have negative repercussions, leading regimes to create political smokescreens.
• Apédo-Amah believes political change in Togo is inevitable, with accountability replacing impunity.

The ECOWAS Court's finding that the constitution 5e République Togo illégale establishes a significant international legal precedent, underscoring the urgent need for the country to align its governance with principles of the rule of law and respect for fundamental rights.

Ayayi Togoata Apédo-Amah has voiced strong criticism regarding the current political climate in Togo, particularly in light of a significant ruling by the regional judicial body. He finds it deeply contradictory that a colloquium focused on the rule of law is being hosted in Lomé, given recent findings against the Togolese state. This event, in his view, serves as an attempt by the regime to cultivate a democratic facade that does not align with its actual conduct.

The core of Apédo-Amah's critique stems from a pivotal decision by the Cour de justice de la CEDEAO. This international tribunal formally declared that the constitution of Togo's 5th Republic, which he describes as having been "tampered with," is fundamentally tainted by illegality. This declaration, concerning the CEDEAO constitution togolaise illégalité, represents a direct challenge to the legitimacy of the nation's foundational legal document and underscores a significant violation by the Togolese state as identified by the court.

Apédo-Amah further contends that the deployment of certain legal professionals to create a "political smokescreen" following the ECOWAS Court's ruling is a clear indication of the regime's efforts to obscure its true nature. He observes a recurring pattern among those he characterizes as adversaries of liberty: they frequently extol freedom while simultaneously engaging in widespread repression, censorship, and extensive violation droits fondamentaux Togo. This behavior, he argues, is a desperate and ultimately futile attempt to project a democratic image.

Such elaborate charades, according to Apédo-Amah, typically emerge when anti-democratic political actions have generated adverse consequences, both domestically and internationally. He questions the integrity of individuals who, having allegedly manipulated constitutions in an illegitimate manner, then presume to instruct others on democratic constitutional principles and the concept of the État de droit Togo CEDEAO. This situation, he suggests, borders on the absurd, highlighting a profound disconnect between the regime's actions and its public posturing.

The author emphasizes that the current political landscape in Togo, where a "democracy without democratic leaders" is being promoted, is unsustainable. He posits that the willingness of powerful figures to engage in such elaborate pretenses indicates their awareness that societal expectations have shifted. Consequently, he asserts that authoritarian rule must inevitably yield to genuine democracy, and a system of accountability must replace the prevailing culture of impunity.

Apédo-Amah firmly believes that the desire of the Togolese populace for a different political direction is unshakeable, making political transformation unavoidable. He concludes by questioning the rationale behind clinging to a losing strategy, asking why the law in Togo appears to be so distorted. The ECOWAS Court's finding that the constitution 5e République Togo illégale establishes a significant international legal precedent, underscoring the urgent need for the country to align its governance with principles of the rule of law and respect for fundamental rights.

The ECOWAS Court's finding that Togo's 5th Republic constitution is illegal establishes a significant international legal precedent. Lawyers practicing in Togo or advising clients on Togolese legal matters must be aware of this ruling, as it could be cited in challenges to the legitimacy of laws or government actions based on this constitution, potentially impacting compliance and legal risk assessments.

Source: Original reporting via Ayayi Togoata Apédo-Amah's tribune.