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Constitutional revision in Togo: Opposition and civil society refer the matter to the ECOWAS Court of Justice

Me Raphaël Kpandé-Adzaré

Opposition political parties and civil society organizations have filed an appeal before the Court of Justice of the Economic Community of West African States (ECOWAS) against the new constitution adopted in Togo, said Me Raphaël Kpandé-Adzaré, one of their lawyers.

This new reform, definitively adopted at second reading on April 19 by the deputies, shifts the country into a parliamentary regime. The text has made a lot of noise since its adoption at first reading on March 25.

“We have filed an appeal before the ECOWAS Court of Justice to contest the change of constitution and the change of regime underway in Togo,” said Me Raphaël Kpandé-Adzaré on TV5.

“For us, Togo is part of the ECOWAS community area, Togo has made commitments, in particular the protocol on democracy and good governance. And this protocol prohibits changes to the constitution from being made in an undemocratic manner and against the law. This protocol prohibits the electoral law from being profoundly modified on the eve of the electoral deadlines without consensus,” he underlined.

“We do not see the opportunity for a change of constitution on the eve of the legislative elections,” he clarified, believing that President Faure Gnassingbé “fears universal suffrage”.

Several opposition parties and civil society denounce a “constitutional coup” and a “maneuver” by the President of the Republic to “remain in power”.

According to the new constitution, “the President of the Republic is elected without debate by Parliament meeting in congress for a renewable mandate of 4 years” (article 35).

The reform establishes the post of President of the Council of Ministers, a form of super Prime Minister.

“The candidate for the office of President of the Council of Ministers is the leader of the majority party or the candidate from the coalition enjoying a majority in the National Assembly at the end of the legislative elections and after proclamation of the final results by the Constitutional Court”, specifies the new text (Article 47).

Remember that the legislative and regional elections are scheduled for April 29. A total of 113 deputies and 179 regional councilors will be elected during these elections. This is the first time that Togo is organizing regional elections. END

Junior AUREL