The Togolese authorities have swiftly responded to the January 29 ruling by the ECOWAS Court of Justice, which characterized Togo’s March 2024 constitutional revision as an “unconstitutional change of government.” The government issued a strong rebuttal this Sunday, asserting that the regional judicial body had unequivocally exceeded its mandate.
“No competence to review constitutionality”
In its initial official statement, the Togolese government clarified the actual powers of the Abuja-based regional institution:
“The Court possesses no jurisdiction to control the constitutionality of domestic law, nor is it entitled to judge a national constituent power,” the official communiqué firmly declared.
The executive branch reiterated that while the regional Court is empowered to monitor human rights compliance and breaches of community law, it cannot supersede the Constitutional Court of a sovereign state.
Furthermore, the authorities specified that the sole regional instrument designed to frame constitutional revisions (the Protocol on Democracy and Good Governance) can only be invoked by member states themselves, not by private individuals.
Flaws in applicant standing and absence of violations
The government highlighted several significant weaknesses in the process that led to the Court’s decision:
Inadmissibility of certain applicants: The Court itself dismissed the Association of Victims of Torture in Togo (ASVITTO) and the ADDI political party due to insufficient proof of legal registration.
No violation of participation rights: The regional court found no shortcomings on Togo’s part concerning its citizens’ right to participate in public affairs.
Lack of evidence: The executive denounced qualifications based on speculative intentions, without any supporting documentation to substantiate any alleged “anti-democratic design.”
No impact on the current constitutional order
From Lomé’s perspective, the logical conclusion drawn by the Court itself confirms the applicability of the new fundamental text: the judicial body declined to order the withdrawal of the 2024 constitutional law, despite the explicit demands of the applicants, and did not impose any financial reparations.
“No obligation to dismantle the existing constitutional order arises from this,” the authorities affirmed, reminding that the reform establishing the 5th Republic was adopted following an open public debate and extensive consultations with the nation’s vital forces.