Constitution of Togo

The current constitution of the Togo is the fourth; it was adopted by Référendum the September 27th 1992 and was revised by the law n° 2002-029 of December 31st, 2002.

The purpose of the modification of 2002 was principal to allow Mr. Gnassingbé Eyadéma, with the capacity since 1963, to be represented for a third because the constitution in its original version limited the presidential mandates to 2 times 5 years. Moreover the revision occurred a reinforcement of the capacities of the president to the detriment of the Prime Minister operated who finds himself in a role of simple carrying out will of the president whereas the constitutional text in its version of origin granted the determination and the control of the policy of the nation to the Prime Minister. Thus the new constitution institutes it a President of the republic having the entirety of the executive power; it grants also the right to him to dissolve the Parliament before which it is in addition irresponsible.

The new constitution also envisages the creation of a Senate in addition to the National Assembly. She lowers also the minimum age to be eligible at the 45 year old position of president to 35 years. Moreover conditions of eligibility were hardened compared to the criteria of nationality and residence (cf Article 62).

To finish it should be noted that following the death of Mr. Gnassingbé Eyadéma on February 5th, 2005, the Parliament carried out in urgency a new constitutional modification (with the contempt of the constitutional requirements) supposed to allow one its wire, Faure Gnassingbé, to take the presidency to replace his/her father until the end of his mandate in 2008. But under the popular and especially external pressure, this modification was deferred.

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