Togo CNCC Demands ECOWAS Court Ruling Execution on 2024 Constitutional Reform

• Togo's opposition CNCC has demanded the immediate and full execution of an ECOWAS Court ruling concerning the 2024 constitutional reform.
• The ECOWAS Court of Justice ruled on January 29 that the March 25, 2024, constitutional amendment violated Article 23 of the African Charter on Democracy, Elections and Governance, deeming it an unconstitutional change of government.
• The Togolese government stated in late July that the ECOWAS Court lacks jurisdiction to review the constitutionality of its domestic laws.
• The CNCC criticized an international colloquium on regional jurisdictions and state sovereignty as a maneuver to discredit the ECOWAS Court's decision.
• The opposition group has urged the African Union's Peace and Security Council and the international community to support the enforcement of the ECOWAS Court's decision.

The ongoing tension between national sovereignty and the enforceability of regional court decisions in Togo is a critical aspect of this development.

The Cadre national de concertation pour le changement (CNCC), a coalition of Togolese opposition parties, recently issued a communiqué demanding the immediate and full execution of a ruling by the ECOWAS Court of Justice. This judicial decision pertains to the nation's 2024 constitutional reform, which has been a point of contention within Togo's political landscape. The CNCC's call underscores a significant dispute over the legitimacy and enforceability of regional legal judgments concerning domestic constitutional amendments.

The ECOWAS Court of Justice, in its ruling dated January 29, determined that the constitutional modification enacted on March 25, 2024, contravened Article 23 of the African Charter on Democracy, Elections and Governance. The court further characterized this amendment as an unconstitutional alteration of government. This finding directly challenges the legality of the reform from a regional legal perspective.

In late July, the Togolese government responded to the ECOWAS Court's stance by asserting that the regional tribunal lacked any competence to review the constitutionality of its domestic laws. This position highlights a fundamental disagreement regarding the scope of the ECOWAS Court's jurisdiction and the principle of national sovereignty. The CNCC, however, welcomed a reminder sent on October 23 by the interim chief registrar of the ECOWAS Court to the Togolese Minister of Justice, which sought information on the measures planned for the execution of the court's decision.

The core of the dispute revolves around the interpretation and application of regional legal frameworks, specifically the African Charter on Democracy, Elections and Governance, in relation to national constitutional processes. The ECOWAS Court's decision, finding a violation of Article 23, suggests that the 2024 constitutional reform in Togo constitutes an unconstitutional change of government under this regional instrument. This interpretation sets the stage for a direct conflict with the Togolese government's assertion of its sovereign right to amend its constitution without external judicial review.

The CNCC's advocacy extends beyond merely demanding the execution of the CEDEAO arrêt Togo. The opposition group has also appealed to the African Union's Peace and Security Council, urging it to intervene in the situation and activate the mechanisms stipulated by the Charter. Furthermore, the CNCC has called upon the international community to lend its support to what it terms "community justice" and has encouraged the Togolese population to maintain their mobilization in support of these efforts.

Adding another layer to the controversy, the CNCC has openly criticized an international colloquium held at the University of Lomé on October 29 and 30. This event focused on the intricate relationship between regional jurisdictions and the sovereignty of states. The opposition group views this colloquium as a deliberate "maneuver" designed to undermine the ECOWAS Court's decision, cloaked under the pretext of upholding "alleged national sovereignty."

The organizers of the colloquium, the Centre de Droit Public of the university, have stated their intention to foster an open debate that does not prejudge the outcome of the discussions. Nevertheless, the CNCC's strong reaction indicates the sensitivity surrounding the balance between national legal autonomy and the authority of regional judicial bodies, particularly in the context of the Togo constitutional reform 2024. The ongoing tension between national sovereignty and the enforceability of regional court decisions in Togo is a critical aspect of this development.

This development highlights the ongoing tension between national sovereignty and the enforceability of regional court decisions in Togo, particularly concerning constitutional reforms. Lawyers advising on Togolese law or regional legal frameworks should monitor the resolution of this dispute, as it could set precedents for the authority of the ECOWAS Court and impact legal certainty regarding constitutional amendments.

Source: Original reporting via Jeune Afrique