This case concerns a violation of the freedom of the press and freedom of expression in Togo, in which Mr. Ferdinand Ayité and his newspaper, L’Alternative, face criminal proceedings for denouncing corruption within members of the public organization Petroleum Product Price Fluctuation Monitoring Committee (CSFPP). Mr Ferdinand was forced to abandon Togo and seek asylum in a third country, considering the political persecution he is suffering in retaliation for his journalism.
Cette affaire concerne une violation de la liberté de la presse et de la liberté d’expression au Togo, dans laquelle M. Ferdinand Ayité et son journal, L’Alternative, font l’objet de poursuites pénales pour avoir dénoncé la corruption au sein des membres de l’organisme public Comité de suivi de la fluctuation des prix des produits pétroliers (CSFPP). M. Ferdinand a été contraint d’abandonner le Togo et de demander l’asile dans une autre pays, en raison des persécutions politiques qu’il subit en représailles de ses activités journalistiques.
On November 4, 2020, Ferdinand Ayité and his newspaper, L’Alternative, were found guilty of defamation, according to Articles 160 and 163 of the 2020 Press Code, and were sentenced by the Court of First Instance of Togo to pay a fine of 2,000,000 CFA each (more than 3,330 USD). The court’s decision followed an article published by L’Alternative, which revealed that government officials had embezzled 400 to 500 billion CFA by ordering petroleum products in Togo. The scandal was named by the media as “Petrolgate.” In the context of this trial and the decision rendered, several elements and means of proof were not taken into account by the judge, namely the audit report of the CSFPP commissioned by the government following the publication of the article, as well as the possibility of referral of the case for instruction in view of its complexity for a more in-depth investigation.
Mr. Ayité and the newspaper have now appealed the decision. They have not yet been heard and the case has been postponed many times. The Committee to Protect Journalists (CPJ) reported that the Lomé Court of Appeal held a hearing on the case on February 11, 2021 without Mr. Ayité’s knowledge.
On December 9 and 10, 2021, Mr. Ayité and his colleague, Joël Egah, were arrested over an online broadcast, in which they discussed two government ministers’ alleged corruption and manipulation of the Togo public, and they were charged with “contempt of authority” and “spreading false statements on social media.” Mr. Ayité and his colleague were provisionally released on December 31, 2021 after 22 and 21 days of detention, respectively.
Journalist Joël Egah died on March 6, 2022. In March 2023, Mr. Ayité was sentenced in absentia to three years in prison and a fine of 3 million CFA francs (more than 5,000 USD). An international warrant for his arrest was issued by the court. His lawyers informed that they plan to appeal the conviction. Given the continuous persecution deployed against him, Mr. Ayité has been forced to seek asylum protection in a third country.Even in exile, Ayité remains committed to informing the public and maintaining L’Alternative as “a symbol of freedom in Togo” and as a recognition of his crucial work, the CPJ awarded him with the 2023 International Press Freedom Award.
On November 4, 2020, Ferdinand Ayité and his newspaper, L’Alternative, were found guilty of defamation, according to Articles 160 and 163 of the 2020 Press Code, and were sentenced by the Court of First Instance of Togo to pay a fine of 2,000,000 CFA each (more than 3,330 USD). The court’s decision followed an article published by L’Alternative, which revealed that government officials had embezzled 400 to 500 billion CFA by ordering petroleum products in Togo. The scandal was named by the media as “Petrolgate.” In the context of this trial and the decision rendered, several elements and means of proof were not taken into account by the judge, namely the audit report of the CSFPP commissioned by the government following the publication of the article, as well as the possibility of referral of the case for instruction in view of its complexity for a more in-depth investigation.
Mr. Ayité and the newspaper have now appealed the decision. They have not yet been heard and the case has been postponed many times. The Committee to Protect Journalists (CPJ) reported that the Lomé Court of Appeal held a hearing on the case on February 11, 2021 without Mr. Ayité’s knowledge.
On December 9 and 10, 2021, Mr. Ayité and his colleague, Joël Egah, were arrested over an online broadcast, in which they discussed two government ministers’ alleged corruption and manipulation of the Togo public, and they were charged with “contempt of authority” and “spreading false statements on social media.” Mr. Ayité and his colleague were provisionally released on December 31, 2021 after 22 and 21 days of detention, respectively.
Journalist Joël Egah died on March 6, 2022. In March 2023, Mr. Ayité was sentencedin absentia to three years in prison and a fine of 3 million CFA francs (more than 5,000 USD). An international warrant for his arrest was issued by the court, as Mr. Ayité is currently in hiding. His lawyers informed that they plan to appeal the conviction.
Togo faces a critical civic space situation, considering that the last few years have witnessed several unjustified restrictions that reduced the possibility for citizens and socio-political actors to engage in public life and contribute to the development of their communities. It is not the first time that newspapers were targeted. In March 2020, the newspapers ‘Le Quotidien Liberté’ and L’Alternative were suspended for two months following an article published against the French ambassador in Togo. These restrictions increased due to the two year socio-political crisis that the country experienced in August 2017, when hundreds of thousands of protesters around the country sought the reinstatement of presidential term limits that would prevent longstanding President Faure Gnassingbé from seeking another term in office. These restrictions were also reinforced in 2020 through the state of emergency and the health response measures taken by the government to counter COVID-19, including the Press Code of 2020.
Le Togo est confronté à une situation critique en matière d’espace civique, étant donné que ces dernières années ont été marquées par plusieurs restrictions injustifiées qui ont réduit la possibilité pour les citoyens et les acteurs sociopolitiques de s’engager dans la vie publique et de contribuer au développement de leurs communautés. Ce n’est pas la première fois que les journaux sont visés. En mars 2020, les journaux “Le Quotidien Liberté” et “L’Alternative” ont été suspendus pendant deux mois à la suite d’un article publié contre l’ambassadeur de France au Togo. Ces restrictions ont augmenté en raison de la crise sociopolitique de deux ans que le pays a connue en août 2017, lorsque des centaines de milliers de manifestants à travers le pays ont demandé le rétablissement de la limitation des mandats présidentiels qui empêcherait le président de longue date Faure Gnassingbé de briguer un autre mandat. Ces restrictions ont également été renforcées en 2020 par l’état d’urgence et les mesures de riposte sanitaire prises par le gouvernement pour contrer le COVID-19, notamment le Code de la presse de 2020.
- Reporters Without Borders (RSF), L’Alternative newspaper targeted by Togo’s government (22 December 2021)
- The Guardian, Togo charges two journalists with ‘contempt of authority’ (26 December 2021)