ECOWAS Court Dismisses Case Against Togo Over Lack of Legal Standing

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Gambiaj.com – (ABUJA, Nigeria) – The Community Court of Justice of ECOWAS has dismissed a case brought against the Republic of Togo by “Le Collectif pour la Vérité des Urnes TOGO-DIASPORA” and the “Réseau de la Coordination de la Diaspora Togolaise Indépendante” (CVU-TOGO-DISPORA ET CONSORTS [RCDTI]), citing lack of legal standing. The ruling was delivered on Thursday, November 21, 2024.

The applicants alleged violations of the 1992 Togolese Constitution, as amended in 2019, and the rights of Togolese citizens. Their case outlined claims of constitutional and legislative irregularities, electoral misconduct, and institutional failures in Togo.

They demanded the annulment of constitutional amendments, accountability for alleged crimes against humanity, the release of political prisoners, governance reforms, and reparations totaling €3,870,000 for damages.

Despite being notified, the Republic of Togo did not file a written defense.

In the judgment delivered by Honourable Justice Ricardo Cláudio Monteiro Gonçalves, the Court concluded that the applicants failed to meet the legal requirements to bring the case.

The Court noted that the applicants, as an association operating outside Togo, were unable to prove their legal status under Togolese or any ECOWAS Member State’s laws. Without a valid registration document, the applicants were deemed ineligible to initiate proceedings before the Court.

The three-member panel, presided over by Honourable Justice Gonçalves and including Honourable Justice Sengu Mohamed Koroma and Honourable Justice Gberi-Bè Ouattara, unanimously ruled the application inadmissible.

This judgment underscores the importance of legal standing and compliance with procedural rules in accessing the ECOWAS Court. It also highlights challenges faced by diaspora groups in seeking accountability through regional judicial mechanisms.

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