Legal Analysis of the Coup in Togo

The Diastode website published a detailed legal analysis of the constitutionality (or rather lack of it) of the installation of Faure Gnassingbe as the Togolese head of state. The analysis, by the human rights academic DR Kwadwo Appiagyei-Atua, concludes that the international community has to stand up against the illegal acts of the Togolese military leadership.
More below the fold.

It is time for the Constitutional Court and the people to stand up against the illegal acts of the military and the Parliament, as demanded by the Constitution that, “Sovereignty belongs to the people. The people, through their representatives and through referendum, exercise sovereignty. No section of the populace, a state body or individual can claim that power for itself.” Article 43 of the constitution also urges the people that the defence of the fatherland and the territorial integrity is the sacred duty of the citizen.” Again, it is worth quoting article 150 which says, inter alia, that to disobey and organise to abort the establishment of an illegitimate authority is considered for all Togolese as “the most sacred of rights and the most imperative of duties.”

The legacy of the two other members of the dominant Francophonie trio, H. Boigny of C�te d’Ivoire and Mobutu of Zaire are evident for all to see. Both countries are embroiled in civil war. The peace and stability of the whole West African region is threatened if the international community does not stand up and take action to support the legitimate struggle of the Togolese people to restore order and democracy in their country.
DR Kwadwo Appiagyei-Atua

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