ECOWAS Court Declares Case Filed by Togolese Diaspora Groups Against Togo as Inadmissible

The Community Court of Justice of ECOWAS, has on Thursday 21 November 2024, dismissed the case filed by le Collectif pour la Vérité des Urnes TOGO-DIASPORA et le Réseau de la coordination de la diaspora togolaise indépendante – (CVU- TOGO-DISPORA ET CONSORTS (RCDTI) against the Republic of Togo. The Court ruled the application inadmissible due to the lack of legal standing of the applicants.

The applicants, le Collectif pour la Vérité des Urnes TOGO-DIASPORA et le Réseau de la coordination de la diaspora togolaise indépendante – (CVU- TOGO-DISPORA ET CONSORTS (RCDTI), alleged violations of the 1992 Constitution of Togo (amended in 2019) and the rights of Togolese citizens. The case referenced constitutional and legislative changes, electoral irregularities, and alleged misconduct by Togolese institutions, seeking accountability and reparations for victims.

The Republic of Togo, despite being notified, did not file any written defense.

The applicants requested the Court to declare the constitutional amendments invalid, annul all acts stemming from them, and order reparations totaling 3.870.000 euros for damages. They also sought the release of political prisoners, accountability for crimes against humanity, and reforms in governance.

In the Judgment delivered by Honourable Justice Ricardo Cláudio Monteiro Gonçalves, the Judge Rapporteur, the Court determined that the applicants, as an association operating outside Togo, failed to prove their legal status under Togolese or any other ECOWAS Member State’s law. Additionally, it said that the absence of a legal registration document rendered the applicants ineligible to initiate proceedings before the Court. Therefore, it declared the application inadmissible due to lack of legal standing.

The three-member panel of the Court were Honourable Justice Ricardo Cláudio Monteiro Gonçalves (presiding judge and judge rapporteur), Honourable Justice Sengu Mohamed Koroma (panel member), and Honourable Justice Gberi-Bè Ouattara (Panel member).