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Investor Seeks US$50 Million From Ghana as ECOWAS Court Default Application Awaits Hearing

By Boakye Stephen, Kumasi, Ghana | Reporting for Ghanaian News Canada

Mr You Kang, through his lawyer, Cephas Boyuo, is asking the regional court in Abuja, Nigeria, to award him the cedi equivalent of US$50 million in damages. His application alleges unlawful arrest and detention, denial of a fair hearing, restrictions on freedom of movement and failures by state institutions to protect his rights.

The case stems from business dealings involving Emmanuel Nii Ashie Moore, Greater Accra Regional Chairman of the governing National Democratic Congress (NDC), and the applicant.

According to the originating application, Mr You Kang travelled to Ghana in May 2025 to resolve outstanding business and financial matters connected to transactions involving Mr Moore.

The applicant, who describes himself as an investor and shareholder in Ghanaian-registered NSG Innovation Limited, alleges that Mr Moore presented himself as a politically connected businessman capable of facilitating government-related opportunities.

Mr You Kang claims he transferred US$100,000 and later provided an additional US$700,000 in connection with proposed electrical-cable supply contracts involving the Electricity Company of Ghana. He also alleges that he supplied approximately US$1.5 million worth of campaign materials for the 2024 general elections.

He says the business relationship subsequently deteriorated. According to his account, he was taken to a private residence in May 2025, where armed men allegedly led by Mr Moore demanded US$3 million. He further alleges that he was assaulted before being handed over to the Ghana Police Service and prosecuted for defrauding by false pretences.

These claims are allegations contained in the court application and have not, by themselves, established wrongdoing by the individuals named.

High Court intervention

Mr You Kang challenges the legality of the criminal proceedings initiated against him, arguing that the transactions underlying the charges occurred outside Ghana and that the Dansoman Circuit Court lacked jurisdiction.

Following his arraignment on May 30, 2025, he was remanded into custody before obtaining bail from the High Court.

On September 4, 2025, the High Court granted an application for certiorari, quashing the Circuit Court proceedings and prohibiting that court from continuing with the case. The High Court also issued consequential orders concerning personal belongings allegedly retained after his arrest.

The applicant says his treatment and the actions of state institutions violated rights protected under international human rights instruments.

He also accuses certain police officers of failing to act appropriately on complaints he lodged concerning alleged assault, threats and the retention of his property. His application refers to a report by the Police Professional and Standards Bureau, which he says supports aspects of his allegations.

A further complaint concerns his passport. Mr You Kang alleges that it was taken by Mr Moore before he completed immigration arrival formalities and was later found not to have the required Ghanaian entry stamp. He says correspondence from the Ghana Immigration Service acknowledged an irregularity and sought to rectify it. He eventually left Ghana for Singapore on September 12, 2025.

Default judgment application

The application for default judgment was filed in December 2025. Mr You Kang argues that Ghana failed to respond to the substantive human rights action despite being 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.

Counsel 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 provides a procedure for seeking default judgment where a respondent fails to file a defence within the prescribed period.

The applicant is asking the court to declare that Ghana violated his fundamental rights and to order payment of the cedi equivalent of US$50 million, together with legal costs and fees.

In a letter dated April 13, 2026, Mr Boyuo urged the court’s Registry to schedule a hearing, expressing concern about delays in issuing a hearing notice.

The Chief Registrar, Yaouza Ouro-Sama, responded on April 14, acknowledging the correspondence and explaining that the matter was awaiting directions from the judges. He assured counsel that the process was being monitored and that a hearing notice would be communicated once issued.

The court has yet to determine the default application or the underlying compensation claim, based on the information provided.

COMMENTARY

The case presents important questions about the protection of individual rights, the conduct of state institutions and Ghana’s obligations under regional human rights law. However, a US$50 million claim is not the same as a US$50 million judgment. The court must assess the procedural record, the allegations and the applicable law before deciding liability or compensation. Ghana should ensure that the case receives an appropriate legal response and that the judicial process proceeds fairly.


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