The Republic of Ghana faces a possible default judgment at the ECOWAS Community Court of Justice in Abuja, Nigeria, following its alleged failure to file a defence in a US$50 million human rights lawsuit brought by Singaporean businessman and investor, Toh You Kang.
The businessman, through his lawyer, Cephas Boyuo, Esq., is seeking the cedi equivalent of US$50 million in compensatory damages over alleged violations of his fundamental human rights, including unlawful arrest and detention, denial of fair hearing, infringement of his freedom of movement, and failure by state institutions to protect his rights.
The case arises from a series of events involving Mr You Kang, Emmanuel Nii Ashie Moore, the Greater Accra Regional Chairman of the ruling National Democratic Congress (NDC), and some officers of the Ghana Police Service.
According to the originating application filed before the ECOWAS Court, Mr You Kang travelled to Ghana in May 2025 to resolve outstanding business and financial matters arising from transactions involving Mr Moore.
Alleged business transactions and financial dispute
Court documents indicate that Mr You Kang, an investor and shareholder in Ghanaian-registered NSG Innovation Limited, was introduced to Mr Moore, who allegedly presented himself as a politically connected businessman capable of facilitating government-related business opportunities in Ghana.
The applicant alleges that, relying on these representations, he transferred US$100,000 and later provided an additional US$700,000 in connection with purported contracts to supply electrical cables to the Electricity Company of Ghana (ECG).
He further claims to have supplied approximately US$1.5 million worth of campaign paraphernalia for the 2024 general elections.
According to the application, disagreements subsequently arose over the transactions, prompting Mr You Kang to travel to Ghana in May 2025 to seek a resolution.
However, what was intended to be a business engagement allegedly took a dramatic turn when he was taken to a private residence, where armed men led by Mr Emmanuel Ashie Moore allegedly demanded US$3 million from him.
Mr You Kang alleges that when he refused, he was assaulted before being handed over to the Ghana Police Service, which subsequently arrested and prosecuted him on a charge of defrauding by false pretences.
High Court quashes criminal proceedings
The applicant contends that the criminal proceedings instituted against him were unlawful because the alleged transactions forming the basis of the charges allegedly occurred outside Ghana.
He maintains that the Dansoman Circuit Court lacked jurisdiction to entertain the matter.
Following his arraignment on May 30, 2025, the Circuit Court remanded him into custody. He subsequently obtained bail from the High Court but remained subject to restrictions on his movement.
On September 4, 2025, the High Court granted an application for certiorari, quashing the proceedings before the Circuit Court and prohibiting that court from continuing with the criminal case.
The High Court also made consequential orders concerning personal belongings allegedly retained following his arrest.
Mr You Kang argues that the circumstances surrounding his arrest, detention and prosecution constituted violations of his rights guaranteed under international human rights instruments.
Allegations against Police and Immigration authorities
Beyond the criminal proceedings, Mr You Kang accuses certain officers of the Ghana Police Service of failing to act on complaints he lodged against Mr Moore concerning alleged assault, threats and the retention of his personal property.
His application references a report by the Police Professional and Standards Bureau (PPSB), which he contends supports aspects of his allegations concerning the conduct of police officers involved in the matter.
He further alleges irregularities in the handling of his travel documents upon his arrival at Kotoka International Airport.
According to the court documents, his passport was taken by Mr Ashie Moore without him going through arrival formalities by the Immigration Service of Ghana, and it was subsequently discovered that the document did not bear the required Ghanaian entry stamp.
The applicant says correspondence from the Ghana Immigration Service acknowledged the irregularity and sought to rectify it at a time he had already undergone the bad treatment of alleged unlawful detention in Ghana.
Mr You Kang eventually departed Ghana for Singapore on September 12, 2025.
Ghana allegedly fails to defend US$50 million suit
Mr You Kang, acting through his lawyer, Cephas Boyuo, Esq., has filed an application requesting the ECOWAS Community Court of Justice to enter judgment by default against the Republic of Ghana.
The application, filed in December 2025, is grounded on Ghana’s alleged failure to respond to the substantive human rights action despite having been duly served.
According to an affidavit supporting the application, the originating processes were electronically served on November 13, 2025, on the Attorney-General, Deputy Attorney-General, Solicitor-General and other authorised legal officers of the Republic.
The applicant maintains that Ghana failed to file a defence within the period prescribed by the Rules of the ECOWAS Court.
The lawyer, Cephas Boyuo, relies on Article 35 of the Court’s Rules of Procedure, which provides for the filing of a defence within 30 days of service.
He also invokes Article 90(1), which permits an applicant to seek judgment by default where a respondent, having been duly served, fails to lodge a defence within the prescribed period.
The application accordingly invites the Court to enter judgment against Ghana and grant the substantive reliefs sought by Mr You Kang.
These include declarations that Ghana violated his fundamental human rights and an order directing the Republic to pay the cedi equivalent of US$50 million in compensatory damages, together with legal costs and fees.
Press of ECOWAS Court for hearing date
Meanwhile, Mr You Kang’s lawyer, Cephas Boyuo, has formally written to the Registry of the ECOWAS Community Court of Justice requesting that a hearing date be fixed for the pending application for judgment by default.
In a letter dated April 13, 2026, counsel drew the Court’s attention to an earlier communication from the Registry dated March 6, 2026, indicating that arrangements were being made for the issuance of a hearing notice.
The lawyer expressed concern that approximately one month had elapsed without the issuance of the hearing notice or communication of a hearing date.
He consequently urged the Registry to expedite the necessary administrative processes to enable the application to be heard without further delay.
Responding in a letter dated April 14, 2026, the Chief Registrar of the ECOWAS Community Court of Justice, Yaouza Ouro-Sama, acknowledged receipt of counsel’s correspondence.
The Chief Registrar explained that the matter was awaiting a directive from the judges and assured counsel that the process was being monitored.
He further indicated that the hearing notice would be communicated to the parties once issued.
US$50 million claim awaits judicial determination
The legal action raises questions concerning Ghana’s obligations under regional and international human rights instruments, particularly regarding the protection of foreign nationals from arbitrary arrest, unlawful detention and alleged abuses by state officials.
Mr You Kang maintains that the actions and omissions of Ghanaian state institutions caused him substantial financial losses, reputational damage, emotional distress and interference with his personal liberty and business interests.
Through his lawyer, he is asking the ECOWAS Court to hold the Republic of Ghana accountable for the alleged violations and award the compensation sought.
Source: MyJoyonline
