Omanghana
The Community Court of Justice of the Economic Community of West African States (ECOWAS) has ruled that Togo’s constitutional amendment of March 25, 2024, constituted an unconstitutional change of government, while dismissing several other claims brought by a coalition of political parties and civil society organizations.
The landmark judgment was delivered in Case No. ECW/CCJ/APP/15/24, filed by the Ligue Togolaise des Droits de l’Homme (LTDH) and 12 other applicants, who challenged the legality of constitutional reforms introduced by the Togolese Republic.
Background to the Case
The applicants, comprising human rights organizations, political parties, and civil society groups, argued that constitutional amendments adopted in March and April 2024 fundamentally altered Togo’s constitutional order in violation of democratic principles and international human rights obligations.
They contended that the reforms unlawfully abolished direct presidential elections, restructured executive authority, restricted citizens’ participation in public affairs, and weakened democratic governance and electoral integrity.
The applicants asked the ECOWAS Court to declare the amendments unconstitutional and order measures to protect citizens’ political rights and constitutional governance in Togo.
The Togolese Republic did not submit a Statement of Defense within the required legal timeframe. Despite being properly served with both the originating application and a subsequent application for default judgment, the government failed to respond.
Having determined that all procedural requirements had been satisfied, the Court proceeded to hear and determine the matter in the respondent’s absence.
Court Affirms Jurisdiction
The Court held that it had jurisdiction to hear the human rights aspects of the application under Article 9(4) of the ECOWAS Court Protocol.
However, it ruled that individuals and non-governmental organizations cannot institute proceedings against ECOWAS member states for alleged violations of the ECOWAS Protocol on Democracy and Good Governance. According to the Court, only ECOWAS member states or the President of the ECOWAS Commission have legal standing to bring such claims.
As a result, all claims based on alleged breaches of the ECOWAS Protocol on Democracy and Good Governance were declared inadmissible.
Constitutional Amendment Declared Unconstitutional
In one of its most significant findings, the Court ruled that the constitutional amendment adopted on March 25, 2024, amounted to an unconstitutional change of government under Article 23 of the African Charter on Democracy, Elections and Governance.
The judges found that the amendment was enacted by a legislative assembly whose mandate had already expired and that the reforms abolished direct presidential elections while significantly restructuring executive authority.
The Court emphasized that constitutional amendments should not be used to undermine democratic succession or entrench political power.
Participation Claims Dismissed
While acknowledging the applicants’ standing to pursue certain human rights claims, the Court found insufficient evidence to support allegations that citizens had been denied the right to participate in public affairs.
It held that the applicants failed to demonstrate that voters or political candidates were prevented from exercising their civic and political rights during the April 2025 legislative elections.
Consequently, the claims relating to violations of the right to participate in public affairs were dismissed.
Other Findings
The Court also determined that although most of the applicants possessed valid legal personality, two organizations—ASVITTO and ADDI—failed to establish their legal capacity and were therefore excluded from the proceedings.
At the same time, the judges affirmed that legally recognized political parties and human rights organizations may, in appropriate circumstances, bring public interest human rights cases involving participatory democratic rights.
Orders of the Court
In its final judgment, the ECOWAS Court:
- Declared that it had jurisdiction over the human rights aspects of the case.
- Declared inadmissible all claims based on alleged violations of the ECOWAS Protocol on Democracy and Good Governance.
- Held that the constitutional amendment adopted on March 25, 2024, constituted an unconstitutional change of government under Article 23 of the African Charter on Democracy, Elections and Good Governance.
- Ordered the Togolese Republic to ensure that any future constitutional reforms comply with regional democratic and governance standards.
- Dismissed the claims relating to violations of the right to participate in public affairs.
- Declined to award compensation because no individualized harm had been established.
- Ordered each party to bear its own legal costs.
Judicial Panel
The judgment was delivered by a three-member panel comprising:
- Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding Judge)
- Hon. Justice Sengu Mohamed Koroma (Member and Judge Rapporteur)
- Hon. Justice Gberi-Bè Ouattara (Member)
The ruling represents a significant interpretation of regional democratic governance standards and reinforces the ECOWAS Court’s role in adjudicating human rights matters while clarifying the limits of its jurisdiction over treaty-based democracy claims.
Source: Omanghana
