The ECOWAS court rules Togo's constitutional amendment unconstitutional, describing it as a change of government.
The court ruled that the amendment circumvented the limitation of presidential term limits.
Written by: Mohammed Omran
The Court of Justice of the Economic Community of West African States (ECOWAS) ruled that the constitutional amendment adopted by the National Assembly of Togo on March 25, 2024, constitutes an “unconstitutional change of government” according to the African Charter on Democracy, Elections and Governance, in a ruling issued on January 29, which was recently published and sparked widespread reactions in the country.
The ECOWAS court rules Togo's constitutional amendment unconstitutional, describing it as a change of government.
The court found that the context, content, and expected effects of the amendment revealed an intention to circumvent the limit on the number of presidential terms stipulated in the previous constitution. It noted that the amendment was approved after the end of the term of the National Assembly that carried it out on December 31, 2023, and that it was voted on without prior national consultation and just before legislative elections.
The amendment established the Fifth Republic, transforming Togo from a semi-presidential system to a parliamentary system, whereby the president of the republic is no longer elected by direct universal suffrage but by members of parliament, with most executive power concentrated in the hands of the prime minister, who must be the leader of the majority party.
Faure Gnassingbé, who has ruled Togo since 2005, succeeding his father Gnassingbé Eyadéma, is holding this position, according to the websites “Benin Web TV” and ”Africanews”.
