TITLE IV. Of the EXECUTIVE POWER
SUB TITLE I. Of the PRESIDENT OF THE REPUBLIC
Article 58
The President of the Republic is the Head of the State. He is the guarantor of the national independence and [national] unity, of the territorial integrity, of the respect for the Constitution and of the international treaties and Agreements.
He is the guarantor of the continuity of the State and of the institutions of the Republic.
Article 59
The President of the Republic is elected by universal, direct and secret suffrage for a mandate of five (05) years.
He is reeligible.
The President of the Republic remains in office until the effective taking of office of his elected successor.
Article 60
The election of the President of the Republic takes place by uninominal majority ballot in one (01) round.
The President of the Republic is elected with the majority of the suffrage expressed.
Article 61
The vote is opened on convocation of the electoral body by decree taken in the Council of Ministers sixty (60) days at least and seventy-five (75) days at most before the expiration of the mandate of the President in office.
Article 62
No one may be a candidate for the office of the President of the Republic if they:
- are not exclusively of Togolese nationality by birth;
are not thirty-five (35) years of age on the date of the deposit of the candidature; do not enjoy all their civil and political rights; do not present a general state of physical and mental well-being duly declared by three (03) sworn physicians, designated by the Constitutional Court; do not reside in the national territory for at least twelve (12) months.
Article 63
The functions of the President of the Republic are incompatible with the exercise of the parliamentary mandate, of any function of professional representation with national character, and of any private or public, civil or military employment, or of any professional activity.
The President of the Republic enters office within the fifteen days which follow the proclamation of the results of the presidential election.
Article 64
Before his entry into office, the President of the Republic swears before the Constitutional Court meeting in solemn hearing, in these terms:
“Before God and before the Togolese people, sole holders of popular sovereignty, We _____, elected President of the Republic in accordance with the laws of the Republic, solemnly swear.
– to respect and to defend the Constitution that the Togolese people have freely given themselves;
– to loyally fulfill the high functions that the Nation has confided in us.
– to be guided solely by the general interest and the respect of the rights of the human person, to consecrate all our forces to the promotion of development, of the common good, of peace and of national unity;
– to preserve the integrity of the national territory;
– to conduct our self at all times, as a faithful and loyal servant of the People.”
Article 65
In case of a vacancy of the Presidency of the Republic by death, resignation or definitive incapacity, the presidential function is exercised provisionally by the President of the National Assembly.
The vacancy is declared by the Constitutional Court referred to [the matter] by the Government.
The Government convokes the electoral body within the sixty (60) days of the opening of the vacancy for the election of a new President of the Republic.
Article 66
The President of the Republic appoints the Prime Minister. He terminates his functions.
On proposal of the Prime Minister, he appoints the other members of the Government and terminates their functions.
The President of the Republic presides over the Council of Ministers.
Article 67
The President of the Republic promulgates the laws within the fifteen (15) days which follow the transmission to the Government of the law definitively adopted by the National Assembly; during this time period, he can demand a new deliberation of the law or of certain of its articles[;] the demand must be substantiated. The new deliberation may not be refused.
Article 68
The President of the Republic, after consultation of the Prime Minister and of the President of the National Assembly can pronounce the dissolution of the National Assembly.
This dissolution may not intervene within the first year of the legislature.
A new Assembly must be elected within the sixty days which follow the dissolution.
The National Assembly meets of plain right [on] the second Tuesday which follows its election; if this meeting takes place outside of the periods provided for the ordinary sessions, a session is opened of right for a time period of fifteen days.
It may not proceed to a new dissolution within the year which follows these elections.
Article 69
The President of the Republic signs the ordinances and the decrees deliberated in the Council of Ministers.
Article 70
The President of the Republic, after deliberation of the Council of Ministers[,] appoints the Grand Chancellor of the National Orders [Grand Chancelier des Ordres Nationaux], the Ambassadors and Extraordinary Envoys, the Prefects, the Commanding Officers of the Armies of the land, of the sea and of the air and the Directors of the central administrations.
The President of the Republic, by decree taken in the Council of Ministers, appoints the Presidents of the Universities and the Professors inscribed on a list of aptitude recognized by the councils of the universities.
The President of the Republic, by decree taken in the Council of Ministers, appoints the General Officers.
The other offices are provided for by decree of the President of the Republic who may delegate this power of appointment to the Prime Minister.
Article 71
The President of the Republic accredits the Ambassadors and extraordinary envoys to the foreign powers; the foreign Ambassadors and the extraordinary envoys are accredited to him.
Article 72
The President of the Republic is the head of the Army. He presides over the Councils of Defense. He declares war on authorization of the National Assembly. He decrees the general mobilization after consultation of the Prime Minister.
Article 73
The President of the Republic exercises the right of pardon after the opinion of the Superior Council of the Magistrature.
Article 74
The President of the Republic can address messages to the Nation. He addresses[,] one time per year[,] the Parliament on the state of the Nation.
Article 75
An organic law determines the status of the former Presidents of the Republic, notably that which concerns their remuneration and their security.
SUB TITLE II. Of the GOVERNMENT
Article 76
The Government is composed of: the Prime Minister, the Ministers and, the case arising, the Ministers of State, the delegated Ministers and the Secretaries of State.
The functions of member of the Government are incompatible with the exercise of any parliamentary mandate, of any function of professional representation of national character and of any private or public, civil or military office or of any other professional activity.
An organic law determines the status of the former members of the Government, notably in that which concerns their remuneration and their security.
Article 77
Under the authority of the President of the Republic, the Government determines and conducts the policy of the Nation and directs the civil and military administration. It has at its disposal the administration, the armed forces and the forces of security.
The Government is responsible before the National Assembly.
Article 78
The Prime Minister is the head of the Government. He directs the action of the Government and coordinates the functions of the other members. He presides over the Committees of Defense. He substitutes for, the case arising, the President of the Republic in the presidency of the Councils provided for in
Articles 66 and 72 of this Constitution. He assures the interim of the head of the State in case of incapacity for cause of illness or of absence from the national territory.
Before his entry into office, the Prime Minister presents before the National Assembly the program of action of his Government.
The National Assembly accords its confidence to him by a vote with the absolute majority of its members.
Article 79
The Prime Minister assures the execution of the laws.
He may delegate certain of his powers to the ministers.
Article 80
The acts of the President of the Republic other than those provided for in Articles 4, 66, 68, 73, 74, 98, 100, 104 and 109 of this Constitution, are countersigned by the Prime Minister or, the case arising, by the Ministers given the charge of their execution.
