By Issah Olegor
Ghana is facing the prospect of a default judgment at the ECOWAS Community Court of Justice in Abuja, Nigeria, following a legal action by Singaporean businessman and investor Toh You Kang, who is demanding the cedi equivalent of US$50 million in compensation over alleged violations of his fundamental human rights.
The lawsuit, brought against the Republic of Ghana, centres on allegations of unlawful arrest and detention, denial of a fair hearing, interference with freedom of movement and failure by state institutions to protect the investor’s rights following a business dispute involving Emmanuel Nii Ashie Moore, the Greater Accra Regional Chairman of the governing National Democratic Congress (NDC).
Through his lawyer, Cephas Boyuo, the businessman is seeking declarations that Ghana violated his rights, payment of the claimed compensation, and legal costs.
The potential default judgment arises from the applicant’s allegation that the state failed to file a defence within the period prescribed by the ECOWAS Court’s rules, despite being served with the originating processes. The court has not, based on the information available, entered the requested judgment or determined the merits of the US$50 million claim.
The case places Ghana’s handling of the investor’s arrest and prosecution under regional judicial scrutiny, while raising questions about the conduct of state institutions and the government’s response to proceedings before the ECOWAS Court.
Business Dispute Behind the US$50 Million Claim
According to the originating application, the dispute traces back to business and financial transactions involving Toh You Kang and Ashie Moore in 2025.
The Singaporean investor, who describes himself as an investor and shareholder in Ghanaian-registered NSG Innovation Limited, alleges that he was introduced to Ashie Moore, who allegedly presented himself as a politically connected businessman capable of facilitating government-related business opportunities in Ghana.
The applicant claims that, relying on representations made to him, he transferred US$100,000 and subsequently provided an additional US$700,000 in connection with purported contracts to supply electrical cables to the
Electricity Company of Ghana (ECG).
He further alleges that he supplied campaign paraphernalia valued at approximately US$1.5 million for the 2024 general elections.
The transactions subsequently became the subject of disagreements, prompting Toh You Kang to travel to Ghana in May 2025 to resolve the outstanding financial and business issues.
However, according to his court filings, the engagement took a different turn when he was allegedly taken to a private residence, where armed men led by Ashie Moore demanded US$3 million from him.
The investor alleges that he was assaulted after refusing to pay the amount and was subsequently handed over to the Ghana Police Service.
He was later arrested and prosecuted for defrauding by false pretences.These accounts form part of the investor’s allegations before the ECOWAS Court and have not, in the materials provided, been established through a final judicial determination.
High Court Quashes Criminal Proceedings
The criminal prosecution became a significant part of the dispute after Toh You Kang challenged the jurisdiction of the Dansoman Circuit Court, arguing that the transactions underlying the charges had allegedly occurred outside Ghana.
Following his arraignment on May 30, 2025, the Circuit Court remanded him into custody. He later obtained bail from the High Court but, according to his application, remained subject to restrictions affecting his movement.
On September 4, 2025, the High Court granted an application for certiorari, quashing the proceedings before the Dansoman Circuit Court and prohibiting it from continuing with the criminal case.
The High Court also made consequential orders concerning personal belongings that the applicant alleged had been retained following his arrest.
The Singaporean businessman relies on that ruling in challenging the circumstances surrounding his arrest, detention and prosecution. He contends that the criminal proceedings were unlawful because the Circuit Court lacked jurisdiction to hear the matter.
The quashing of the proceedings did not, by itself, establish every allegation he has made against the police or other state institutions. Those claims form separate aspects of his human rights case before the regional court.Beyond the prosecution, Toh You Kang has accused some officers of the Ghana Police Service of failing to act appropriately on complaints he allegedly lodged against Ashie Moore concerning assault, threats and the retention of personal property.
His application refers to a report by the Police Professional and Standards Bureau (PPSB), which he says supports aspects of his allegations about the conduct of officers involved in the matter. The businessman has also raised concerns about how his travel documents were handled when he arrived at Kotoka International Airport.
According to the court documents, he alleges that his passport was taken by Ashie Moore before he completed the usual arrival formalities with the Ghana Immigration Service. He further claims that the document was subsequently found not to contain the required Ghanaian entry stamp.
The applicant says correspondence from the Immigration Service acknowledged the irregularity and sought to rectify it after he had already experienced what he describes as unlawful detention and mistreatment in Ghana.
Toh You Kang eventually left Ghana for Singapore on September 12, 2025.
He argues that the combined circumstances of his arrest, prosecution, alleged assault, restrictions on his movement and the handling of his travel documents amounted to violations of rights protected under regional and international human rights instruments. The extent to which the evidence supports those allegations remains a matter for judicial determination.
Ghana Accused of Failing to File Defence
A central issue in the latest development is the applicant’s request for the ECOWAS Court to enter judgment by default against Ghana.
According to the court filings, the application was filed in December 2025 after the businessman alleged that the Republic had failed to respond to his substantive human rights action within the prescribed period.
An affidavit supporting the application states that the originating processes were electronically served on November 13, 2025, on the Attorney-General, Deputy Attorney-General, Solicitor-General and other authorised legal officers representing the state.
The applicant maintains that Ghana did not file a defence within the 30-day period provided under Article 35 of the ECOWAS Court’s Rules of Procedure.
His lawyer also relies on Article 90(1), which provides for an application for judgment by default where a respondent, having been duly served, fails to lodge a defence within the required period.
On that basis, the applicant is asking the court to enter judgment against Ghana and grant the substantive reliefs sought in the human rights action.
These include declarations that the state violated his fundamental rights and an order directing the Republic to pay the cedi equivalent of US$50 million in compensation, together with legal fees and costs.
However, a request for default judgment does not mean that judgment has already been entered. The court must consider the application and determine the appropriate course under its rules.
The available information does not establish whether Ghana has subsequently filed a defence, challenged the alleged service or taken any other procedural step in the case.
Lawyer Presses ECOWAS Court for Hearing Date
The applicant’s legal team has also sought to move the default application forward by asking the ECOWAS Court Registry to schedule a hearing.
In a letter dated April 13, 2026, Cephas Boyuo drew the Registry’s attention to an earlier communication dated March 6, 2026, which indicated that arrangements were being made for a hearing notice to be issued.
Counsel expressed concern that approximately one month had passed without the notice being issued or a hearing date communicated to the parties.
He consequently urged the Registry to expedite the administrative process to allow the application to be heard without further delay.
In a response dated April 14, 2026, the Chief Registrar of the ECOWAS Community Court of Justice, Yaouza Ouro-Sama, acknowledged receipt of the 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 added that the hearing notice would be communicated to the parties once issued.
The correspondence indicates that the application was awaiting further procedural direction at the time of the exchange. The information provided does not establish whether a hearing has since taken place or whether the judges have issued a ruling.
