Falana Asks Heads Of ECOWAS Member States To Amend Term Limit For Leaders, Reject Dictators Trying To Prolong Tenures In Office

Falana in the letter written to the Heads of State and Government of the Economic Community of West African States (ECOWAS) asked the leaders to “swiftly adopt the proposed amendment (on term limit) to the ECOWAS Protocol on Democracy and Good Governance, and to improve respect for human rights and the rule of law.

It urged them to resist reported attempts by rogue states – Cote d’Ivoire, Senegal and Togo – to truncate the proposed amendment to the protocol.
The letter signed by the senior lawyer is dated June 29, 2022, and titled, ‘Re: Request to swiftly adopt the proposed amendment (on term limit) to the ECOWAS Protocol on Democracy and Good Governance, and to improve respect for human rights and the rule of law’.
He commended the “progressive steps taken by the Heads of State and Government of the Economic Community of West African States (ECOWAS) to amend the ECOWAS Protocol on Democracy and Good Governance (the protocol)” while urging them to “adopt the proposed amendment to the protocol to strengthen constitutional and representative government, and improve respect for human rights and the rule of law”.
The letter obtained by SaharaReporters on Sunday, reads in part, “According to my information, the move to amend the protocol aims at ensuring that Heads of State and Government do not change the constitutions of their countries to stay beyond two terms in office, which is the common constitutional requirement in several member states.
“The proposed amendment would require member states to ‘adopt provisions in their respective Constitutions to ensure that no President of the Republic shall exercise more than two (2) terms or extend his/her term for any reason or in any form’.
“I am concerned about reports that Cote d’Ivoire, Senegal and Togo are opposing the progressive amendment to the protocol.
“It is very important for the majority of member states to reject the moves by the minority member states, and to show the leadership and political will by swiftly adopting the amendment to the protocol as currently proposed, especially given the recent experiences of unconstitutional change of governments in some African countries.
“The proposed amendment to the protocol on term limit is entirely consistent with the ECOWAS foundational treaties, and the African Union Constitutive Act. The timely amendment will be a positive, effective and satisfactory response to the recent unconstitutional change of governments in some member states.
“As the African Charter on Democracy, Elections and Governance (African Charter) states, unconstitutional change of government amounts to ‘a serious threat to stability, peace, security and development.’

“The African Charter indeed aims to ‘promote the universal values and principles of democracy, good governance, human rights and the right to development,’ and to ‘entrench in the Continent a political culture of change of power based on the holding of regular, free, fair and transparent elections conducted by competent, independent and impartial national electoral bodies.’
“Many member states of ECOWAS, including Côte d’Ivoire and Togo have ratified the African Charter while Senegal has signed the African Charter. The ECOWAS and its members should show that they are willing and able to promote and achieve constitutional and representative government and improve respect for the rule of law and human rights in the sub-region.
“Rejecting the reported moves by Cote d’Ivoire, Senegal and Togo to truncate the proposed amendment to the protocol would send a powerful message to rogue governments in the sub-region that the ECOWAS is willing and able to apply its foundational instruments and principles faithfully, consistently, and effectively.
“If the reported moves by Cote d’Ivoire, Senegal and Togo are allowed, it will encourage dictators who seek to amend and manipulate their national constitutions to elongate their terms of office. It will also lead to escalating attacks on political opponents and activists who oppose such illegal constitutional amendment.
“I, therefore, urge member states of the ECOWAS to remain resolute in the face of opposition by a minority of member states and to move swiftly to adopt the proposed amendment on term limit to the protocol. If necessary, member states may invoke Article 20 of the Rules of Procedure of the Conference of Heads of State and Government to ensure that the amendment to the protocol is adopted without any delay.
“I also urge you to use your leadership and influence to push for democracy and full respect for human rights and the rule of law in member states. The ECOWAS leadership should put pressure on all ECOWAS member states to respect, protect, promote and fulfil the human and peoples’ rights guaranteed under the African Charter on Human and Peoples’ Rights.”