Togo’s constitutional reform to extend Faure Gnassingbé’s rule rejected by ECOWAS Court
The ECOWAS Court of Justice has ruled that Togo’s 2024 constitutional reform constitutes an “unconstitutional change of government” under Article 23(5) of the African Charter on Democracy, Elections and Governance (ACDEG). While the decision does not overturn the new Constitution, it provides opposition groups with a powerful legal and political tool to challenge President Faure Essozimna Gnassingbé’s continued leadership.
Legal rebuke without immediate consequences
The January 2026 ruling determined that Togo’s March 2024 constitutional reform violated democratic principles by circumventing presidential term limits. The Court noted that the reform was pushed through by an expired legislature—since December 31, 2023—and was adopted without national consultation ahead of legislative elections.
The 2024 reform transformed Togo from a semi-presidential to a fully parliamentary system. Direct presidential elections were abolished in favor of parliamentary selection for a four-year term with one renewal possibility. Executive power now rests with a Council President, typically the leader of the majority party—currently occupied by Gnassingbé, who has led the country since 2005 following his father’s death.
Opposition hails ruling as government stays silent
The ruling stems from a case (ECW/CCJ/APP/15/24) filed April 18, 2024, by the Togolese Human Rights League and 12 other plaintiffs, including opposition parties like the National Alliance for Change (ANC) led by Jean-Pierre Fabre. The Court rejected claims of voter disenfranchisement, noting that over two million citizens participated in the April 29, 2025 legislative elections.
In a June 21, 2026 statement, the ANC called the ruling a “severe political, legal, and moral setback” for the regime and demanded a political transition to “rebuild the Republic’s foundations.” The party urged international partners to consider the ruling in their dealings with Lomé. The government has not publicly responded to the decision.
ECOWAS Court jurisprudence typically distinguishes between constitutional revisions and human rights violations, making this ruling an uncommon application of ACDEG Article 23 to a parliamentary constitutional reform.
Gnassingbé dynasty faces new scrutiny
The Gnassingbé family has governed Togo since 1967. Faure Gnassingbé first took power in 2005 after his father’s death and was subsequently confirmed in four presidential elections (2005, 2010, 2015, 2020). The 2024 reform eliminated direct presidential elections before his fourth term expired in 2025.