The legal system of Togo
A French-tradition civil-law system that moved from a presidential to a parliamentary model in 2024, when a constitutional revision made the President of the Council of Ministers the effective head of government. OHADA commercial law applies, and Lomé hosts significant regional maritime and financial institutions.
Legal tradition
Togo belongs to the civil law (french tradition) tradition. A French-tradition civil-law system that moved from a presidential to a parliamentary model in 2024, when a constitutional revision made the President of the Council of Ministers the effective head of government. OHADA commercial law applies, and Lomé hosts significant regional maritime and financial institutions.
How power is divided
Since 2024 a parliamentary system: a President of the Council of Ministers accountable to the National Assembly, a ceremonial President of the Republic, and a bicameral legislature with a Senate.
Where law comes from
- Constitution
- As revised in 2024 to a parliamentary model.
- OHADA Uniform Acts
- Directly applicable commercial law.
- Treaties
- Superior to ordinary statutes on ratification.
- Laws and ordinances
- Parliamentary statutes and delegated instruments.
- Codes
- Civil, penal (2015), persons and family (2012), labour and land codes.
The legal profession
Avocats admitted through the Barreau du Togo; notaires and huissiers are separate regulated offices.
Law by topic in Togo
- Family LawCode des personnes et de la famille 2012 setting marriage age at 18 for both sexesLoi n° 2012-014 set a uniform marriage age of 18, permits polygamy only where elected at marriage, and improved the position of surviving spouses in succession. Customary marriage has civil effect if registered.
- Immigration & NationalityECOWAS free movement with visa on arrival for many other nationalsECOWAS nationals enter visa-free for 90 days. Togo issues visas on arrival at Lomé airport for many nationalities, and a carte de séjour is required for stays beyond three months.
- Civil ProcedureCode de procĂ©dure civile with commercial chambers and OHADA enforcementCivil procedure follows the French model with appeal to the Cour d'appel and pourvoi to the Cour suprĂȘme, except on Uniform Act points where the CCJA is final. Enforcement uses the OHADA voies d'exĂ©cution.
- Criminal LawCode pénal 2015 with the death penalty abolished in 2009Loi n° 2015-010 recodified criminal law. Togo abolished the death penalty in 2009. A 2018 cybersecurity law and a 2019 law on the press and communication have been criticised for restricting expression.
- Tax LawCode général des impÎts 2018 with 18% VAT and a free zone regimeVAT is 18% under WAEMU harmonisation and corporate tax is 27%. The export processing free zone offers long tax holidays and reduced rates, and the Office Togolais des Recettes consolidates tax and customs administration.
- Constitutional Law1992 Constitution, changed in 2024 to a parliamentary system with a President of the CouncilThe 1992 Constitution was substantially revised in 2024, converting Togo from a presidential to a parliamentary system in which a President of the Council of Ministers drawn from the legislative majority holds executive power. The change was adopted by the National Assembly without referendum.
- Property & LandCode foncier et domanial 2018 unifying a fragmented land regimeLoi n° 2018-005 consolidated colonial-era and post-independence land instruments into a single code, recognising customary rights and providing for their conversion to registered title through a defined procedure.
- Business & CorporateOHADA Uniform Acts as directly applicable commercial law, with the CCJA as final appealCommercial law is not primarily national. The OHADA Uniform Acts apply directly and take precedence over conflicting domestic provisions, and the Cour commune de justice et d'arbitrage (CCJA) in Abidjan â not the national supreme court â is the final instance on their interpretation. LomĂ©'s deep-water port and its free zone regime make Togo a transit hub for the Sahel, and the Centre de FormalitĂ©s des Entreprises offers rapid single-window incorporation.
- Employment & LabourCode du travail 2021 with a 40-hour week and reformed dismissal rulesLoi n° 2021-012 replaced the 2006 Code, retaining a 40-hour week while clarifying fixed-term contracts, subcontracting and dismissal procedure. Economic dismissal requires notification to the labour inspectorate.
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