Professor Essé Kokou Joseph Junior Kodjo, a renowned expert in public law at the University of Lomé, has emphasized the need for a dialogue between regional African courts and states to clarify their competencies and obligations. Speaking on the Togolese Television journal on November 1, 2026, he highlighted the tensions between regional courts and states, particularly in matters of constitutional changes and human rights protection. This call for dialogue follows a two-day international colloquium held at the University of Lomé on October 29-30.
The colloquium, which focused on "regional human rights courts and the challenges of state sovereignty and constitutional changes," brought together experts to discuss the complex relationships between regional courts and states. Professor Kodjo noted that there is a clear tension between regional African courts and states that are parties to these courts. This tension arises from the increasing interest of human rights protection courts in matters related to the rule of law and constitutional changes.
According to Professor Kodjo, the intervention of regional courts in constitutional matters raises two main difficulties: the foundation of their competence and the conditions under which this competence is exercised. He distinguishes between situations where the questions examined do not directly fall under the jurisdiction of the concerned courts and those where their competence can be recognized, but may still generate tensions.
Professor Kodjo's proposal for a dialogue between regional courts and states aims to address these challenges. He emphasizes that regional courts are "creatures of these sovereign states" and that their competence is based on the commitments undertaken by states. This origin implies that states must be aware of the legal implications of their adhesion to these courts and understand that they are bound by their obligations.
The dialogue proposed by Professor Kodjo should enable regional courts to determine the extent of their intervention and states to clarify their duties attached to their commitments. The clarification of competencies and obligations appears as two complementary dimensions of the same approach. This analysis highlights the importance of understanding the conditions under which regional justice is exercised.
The reception of Professor Kodjo's proposal is significant, as it prolongs the colloquium's discussions by suggesting a method to deepen the mutual understanding of competencies, obligations, and prerogatives. This approach opens a path for reflection to consolidate the relationships between states and regional African courts, in the interest of legal security and fundamental rights protection.
Ultimately, Professor Kodjo's call for dialogue underscores the need for a balanced approach to regional justice and state sovereignty. By engaging in a constructive dialogue, regional courts and states can work together to ensure the effective protection of human rights and the rule of law in Africa.
Key points
- Professor Kodjo calls for dialogue between regional courts and states to clarify competencies and obligations.
