Ghana could face a default judgment over a US$50 million human rights claim before the ECOWAS Community Court of Justice following allegations that the government failed to file a defence within the prescribed period.
The case was brought by Singaporean businessman and investor Toh You Kang, who is seeking compensation for alleged unlawful arrest and detention, denial of a fair hearing, restrictions on his freedom of movement and failure by state institutions to protect his fundamental rights.
Through his lawyer, Cephas Boyuo, Mr You Kang has applied to the regional court to enter judgment by default against Ghana, arguing that the state failed to respond to the substantive lawsuit despite being served with the court documents.
The application is linked to a business dispute involving Mr You Kang, Emmanuel Nii Ashie Moore, the Greater Accra Regional Chairman of the ruling National Democratic Congress (NDC), and officers of the Ghana Police Service.
Business dispute precedes human rights lawsuit
According to the originating application, Mr You Kang travelled to Ghana in May 2025 to resolve outstanding financial and business matters connected to transactions involving Mr Moore.
The investor, a shareholder in Ghanaian-registered NSG Innovation Limited, alleges that he transferred US$100,000 and subsequently provided another US$700,000 in connection with purported contracts to supply electrical cables to the Electricity Company of Ghana (ECG).
He also claims to have supplied campaign paraphernalia worth approximately US$1.5 million for the 2024 general elections.
Court documents indicate that disagreements subsequently arose over the transactions, prompting Mr You Kang to travel to Ghana to seek a resolution.
However, he alleges that the engagement took a different turn when he was taken to a private residence, where armed men led by Mr Moore allegedly demanded US$3 million from him.
Mr You Kang claims that he was assaulted after refusing to pay and was subsequently handed over to the police, who arrested and prosecuted him for allegedly defrauding by false pretences. These allegations form part of his account of the events and have not been established by the ECOWAS Court in the material provided.
High Court quashes criminal proceedings
Mr You Kang challenged the criminal proceedings, arguing that the alleged transactions occurred outside Ghana and that the Dansoman Circuit Court lacked jurisdiction to hear the case.
Following his arraignment on May 30, 2025, the Circuit Court remanded him into custody. He later 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 it from continuing with the criminal case.
The High Court also issued consequential orders concerning personal belongings allegedly retained after his arrest.
Police and Immigration Service face allegations
The investor has also accused some police officers of failing to act on complaints he lodged against Mr Moore over alleged assault, threats and the retention of his personal property.
His application references a report by the Police Professional and Standards Bureau, which he contends supports aspects of his allegations concerning the conduct of officers involved in the matter.
He further alleges irregularities in the handling of his travel documents after arriving at Kotoka International Airport.
According to the court documents, Mr Moore took his passport without him completing the required arrival formalities with the Ghana Immigration Service. The document was subsequently found not to bear the required Ghanaian entry stamp.
Mr You Kang says correspondence from the Immigration Service acknowledged the irregularity and sought to rectify it. He eventually left Ghana for Singapore on September 12, 2025.
Ghana allegedly misses deadline to file defence
The application for default judgment, filed in December 2025, rests on the claim that Ghana failed to file a defence after receiving the originating processes.
According to an affidavit supporting the application, the documents were electronically served on November 13, 2025, on the Attorney-General, Deputy Attorney-General, Solicitor-General and other authorised legal officers of the Republic.
Mr Boyuo relies on Article 35 of the ECOWAS Court’s Rules of Procedure, which provides for a defence to be filed within 30 days of service, and Article 90(1), which allows an applicant to seek a default judgment where a respondent fails to file a defence within the prescribed period.
The lawyer is asking the court to declare that Ghana violated Mr You Kang’s fundamental human rights and order the state to pay the cedi equivalent of US$50 million in compensation, together with legal costs and fees.
The application does not, by itself, mean that the court has entered judgment against Ghana. The compensation claim and the allegations of human rights violations remain subject to judicial determination.
Lawyer presses for hearing date
In a letter dated April 13, 2026, Mr Boyuo asked the ECOWAS Court’s Registry to schedule a hearing for the pending application for default judgment.
He referred to an earlier communication dated March 6, 2026, which indicated that arrangements were being made to issue a hearing notice, and expressed concern that approximately a month had passed without a hearing date being communicated.
The Chief Registrar of the court, Yaouza Ouro-Sama, acknowledged the request in a letter dated April 14, 2026.
He explained that the matter was awaiting a directive from the judges and assured counsel that the process was being monitored. He added that the hearing notice would be communicated to the parties once issued.
$50m claim awaits judicial determination
The lawsuit raises questions about Ghana’s obligations under regional and international human rights instruments, particularly in relation to allegations of arbitrary arrest, unlawful detention and failure by state institutions to protect individual rights.
Mr You Kang maintains that the actions and omissions of Ghanaian institutions caused him financial losses, reputational damage, emotional distress and interference with his personal liberty and business interests.
He is asking the ECOWAS Court to hold Ghana accountable for the alleged violations and award the compensation sought.
The next significant step is the court’s consideration of the pending application for default judgment. Until the court determines the application and the substantive claims, the US$50 million remains a claim sought by the applicant rather than an award against the Republic of Ghana.
