The ECOWAS Court of Justice has written to Togo's Minister of Justice, requesting the execution of its judgment rendered on January 29, 2024. The judgment, referenced ECW/CCJ/JUD/01/26, pertains to the 2024 constitutional reform in Togo. The Court's acting Registrar, Dr. Ousmane Diallo, sent the letter on October 23, 2024, to ensure the execution of the judgment. The Court had previously made the ruling nearly nine months ago.
The judgment in question concerns the Togolese government's constitutional reform, which was adopted on March 25, 2024. The reform was voted on by the National Assembly, whose term had expired. The changes included the abolition of the direct presidential election and a reconfiguration of the executive power. The ECOWAS Court of Justice deemed this reform a change of government that was inconstitutional, contrary to Article 23 of the African Charter on Democracy, Elections, and Governance.
The ECOWAS Court of Justice has invited the Togolese Minister of Justice to take necessary measures to execute the judgment, in accordance with Togolese civil procedure rules and the texts governing the ECOWAS Court of Justice. The Court recalled its role in monitoring the execution of its decisions, as provided for in Article 24, paragraph 2, of the Additional Act relating to the Community Court.
The correspondence from the ECOWAS Court of Justice has sparked diverse interpretations regarding the scope of the judgment. Some commentators believe that the Court has merely established that Togo violated its democratic commitments, without annulling the reforms. Others argue that the Court has made a principled judgment on the legitimacy of the process leading to the adoption of the new Constitution.
The opposition sees the judgment as an additional argument for demanding institutional changes. In contrast, the government has maintained silence, with no official reaction to the judgment's scope. Meanwhile, an international colloquium is being held at the University of Lomé from October 29-30, 2024, on the theme "Regional human rights courts between guarantee of the rule of law, control of constitutional changes, and state sovereignty."
The colloquium aims to contribute to the scientific reflection on the future of African regional justice. The meeting brings together public personalities, experts, researchers, and participants to discuss and reflect on the contemporary challenges of regional justice in Africa. This event is expected to fuel discussions on the role of regional courts in promoting human rights and the rule of law.
The ECOWAS Court of Justice has emphasized that constitutional revisions should not be used to undermine democratic alternation or perpetuate political power. The Court's judgment has significant implications for Togo and the region, highlighting the importance of ensuring that constitutional reforms are made in accordance with democratic principles and the rule of law.
Key points
- The ECOWAS Court of Justice has requested Togo to execute its January 29 judgment on the 2024 constitutional reform.
