A political party close to the opposition has just referred the matter to the Constitutional Court of Togo after the adoption of the new constitution. The party’s approach by its president, Gerry Taama, aims to bring the high court to rule on compliance with the provisions provided for in the 1992 Constitution for a constitutional revision.
After being conspicuous by his absence as well as his deputies on April 19 in parliament, the deputies in plenary session made amendments through a rich debate. Submitted to a secret vote, the new rereading of the draft revision adopted on March 25 was adopted unanimously. While we thought the page had been turned and the last word went to President Faure Gnassingbé, Gerry Taama turned around. He appealed to the Constitutional Court.
“Following the adoption by the national assembly of the law relating to constitutional revision, I ask the constitutional court, in accordance with article 104 paragraph 6 of the constitution, its opinion on a certain number of questions, including the consideration take into account paragraph 2 of article 59 during the revision process”, informs the president of the NET, M Taama who thinks that his appeal was necessary, because it will situate the Togolese on the reading that the constitutional court makes of certain provisions of the current constitution. According to the president and deputy of the NET, “this could lead to affirmative jurisprudence and decide between everyone, especially lawyers. I especially thought about law students”
The second reading constitutes a constitutional mechanism for improving texts already adopted. It is a constitutional prerogative provided for by the provisions of article 67 of the 1992 constitution which confers on the President of the Republic the latitude to request a new deliberation of the law or certain of its articles which moreover cannot be refused by parliamentarians. This Friday, it was done at the end of the 6th plenary session.
“Everything being perfectible, and in view of the interest aroused within the population by the text since its adoption, the President of the Republic asked this day (Editor’s note: March 29, 2024) to the President of the National Assembly to carry out a second reading of the adopted law”. This had been the wish of President Faure Gnassingbé. This is how the office of the National Assembly carried out a 48-hour consultation across the country. This is a “mission of information and listening to populations” who traveled the prefectures to meet organized groups and traditional leaders.
After this exercise, the law establishing the Togolese Constitution was submitted to a secret vote.
The counting was done in the presence of everyone and in a transparent manner. Registered 91, voting; for 87. Based on its results, I declare that the bill establishing the Constitution of the 5th Togolese Republic is adopted unanimously, declared the President of the National Assembly, Yawa Djigbodi TSEGAN.
The revision enshrines changes in particular, the transition from the Fourth Republic to the Fifth Republic and that of the semi-presidential regime to the parliamentary regime, the preponderant role of parliamentary groups in presenting candidates for the office of President of the Republic, the duration of the mandate of the President of the Republic which is 4 years renewable once, the swearing-in of the President of the Republic before Congress, the definition of the candidate for the office of President of the Council, the consecration of two orders of separate jurisdictions, the consecration of the status of former presidents of the Republic, the creation of the Council of State and the conflict tribunal under ordinary jurisdictions.
The adoption of this proposed revision positions, at the center of political life, the National Assembly and the Senate, now called upon to play a leading role in the country.
“History will record that the sixth legislature rendered a great service to the Togolese nation for its vision and determination,” declared for his part, the Minister of Human Rights, Citizenship Training and Relations. with the institutions of the Republic, Yawovi Missiamé Amenyo Adjourouvi.
Note that the new Togolese constitution adopted on March 25, 2024, states that “the President of the Republic is elected without debate by Parliament meeting in congress for a single mandate of 6 years”.
This constitution also provides for a position of “president of the council of ministers”. He is the leader of the party or the leader of the majority coalition of parties following the legislative elections. The president of the council of ministers is appointed for a mandate of 6 years.
TGT
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