Togo: ECOWAS Court Ruling on Sovereignty and Constitutional Law

On January 29, 2026, the ECOWAS Court of Justice issued a ruling concerning Togo, which, alongside an international colloquium held at the University of Lomé on October 29-30, prompted Professor Pascal Kossivi Adjamagbo to reiterate the fundamental constitutional principle that sovereignty belongs to the Togolese people and cannot be usurped by the government under the guise of state sovereignty.

This development carries significant legal weight for practitioners across the ECOWAS region, as it underscores the increasing scrutiny regional judicial bodies, particularly the ECOWAS Court of Justice, are placing on national governments' claims of state sovereignty. The ruling and subsequent academic discussion highlight a critical tension between the traditional concept of state sovereignty and the evolving understanding of popular sovereignty and fundamental human rights within the regional legal framework. For businesses and individuals, this signals a potential avenue for challenging governmental actions that might otherwise be shielded by broad claims of national interest, particularly if those actions are perceived to infringe upon constitutional rights or the will of the people. It reinforces the idea that regional courts can act as a check on domestic executive power, even in matters traditionally considered internal affairs.

The legal context for this discussion is rooted in both Togolese constitutional law and the jurisprudence of the ECOWAS Court of Justice. While the specific constitutional provision in Togo is not detailed, the excerpt refers to a