Lomé:The University of Lomé hosted an international symposium on October 29 and 30, 2026, where legal scholars from eight countries gathered to critique the ECOWAS Court of Justice. Discussions focused on the Court's inconsistencies, particularly highlighting its judgment against Togo on January 29, 2026, which has been criticized for lacking enforceability and jurisdictional clarity.
According to Ghana Web, the symposium's theme, "African regional human rights courts between safeguarding the rule of law, reviewing constitutional change and respecting state sovereignty," set the stage for a critical examination of the Court's operations. The symposium revealed a consensus among participants that the ECOWAS Court of Justice has overstepped its jurisdiction by adjudicating constitutional matters it was not empowered to address.
Dr. Christian Trimua, an Assistant Professor at the University of Lomé, criticized the Court for ruling on Togo's constitutional revision without hearing both sides and for issuing orders it could not enforce. The judgment was delivered by default, as Togo did not present a defense, raising questions about the legitimacy and authority of such one-sided rulings.
The symposium also highlighted procedural flaws in the Court's judgment, which ordered Togo to ensure future constitutional reforms comply with international commitments without annulling the contested changes. This has led to a situation where compliance is indistinguishable from non-compliance, as no new reform is currently underway.
Professor Adama Kpodar emphasized the lack of enforcement mechanisms for the Court's judgments, noting the absence of a competent national authority to ensure compliance. The symposium concluded with calls for better dialogue between national and regional courts to prevent similar jurisdictional overreach in the future.