The regional court of the Economic Community of West African States (ECOWAS) has ruled that Togo's sweeping constitutional reforms, which dismantled direct presidential elections in favour of a parliamentary system, are unconstitutional. The judgment, announced on Thursday, found that the changes adopted in March 2024 violate the democratic principles that underpin governance standards across West Africa.
Under the revised constitution, Togo's president is no longer chosen by popular vote but is instead elected by lawmakers for a single six-year term — a fundamental shift away from universal suffrage. The reforms were pushed through by a parliamentary majority, but opponents argue they were designed specifically to allow President Faure Gnassingbé, who has held power in the small West African nation since 2005, to remain in office indefinitely without ever facing a direct public vote. The ECOWAS court agreed that procedural rules were broken: it found the constitutional changes were passed by a parliament whose mandate had already expired, which it said amounted to an unconstitutional change of government under African democratic standards.
Political parties and civil society organisations that brought the case welcomed the ruling as a significant legal vindication. However, the decision carries an important limitation — it is not legally binding, meaning Togo's government is under no formal obligation to reverse the reforms. Despite this, opponents of the changes say the judgment provides powerful new legal and moral arguments to challenge the restructured system.
Togo, a narrow coastal country in West Africa bordered by Ghana, Benin, and Burkina Faso, has been governed by the Gnassingbé family for more than five decades, a record that has long drawn criticism from democracy advocates both regionally and internationally. The ECOWAS Court of Justice, based in Abuja, Nigeria, serves as a key human rights and democratic accountability institution for the 15-member bloc, though the non-binding nature of its rulings has repeatedly been cited as a structural weakness. Thursday's decision nonetheless marks a rare formal international rebuke of Togo's constitutional direction, and is likely to intensify pressure on Lomé from regional bodies and civil society groups in the months ahead.