Herbert Mensah acting unlawfully as Board Chairman and CEO – Members of Ghana Rugby
We, the majority of the registered Members of Ghana Rugby and as such the body through which Board Members have been
elected and appointed have no other option than to issue this statement following Mr. Herbert Mensah’s public utterances on the legality of his suspension.
The ultimate authority according to the Ghana Rugby Football Union (Ghana Rugby) Constitution is the General Meeting that
currently have the following Members with voting rights:
- The Greater Accra Rugby Association (GARA),
- The CentWest Rugby Association (CentWest), and
- GRUPA (Ghana Rugby Union Players Association)
The Northern Region Rugby Association (NRRA) has been allowed as Member but has not qualified yet as Member with votes as the Association has not submitted proof of registered teams that have taken part in the Ghana Rugby League, the Ghana Rugby Club Championship.
The facts of the matter is that Mr. Mensah has been suspended by a full Quorum of the Ghana Rugby Board after a meeting of the Board requested by three Board Members in line with the Ghana rugby Constitution that stipulated that the CEO has to call the meeting.
It is important that this point, that the CEO must call the meeting, is the only grounds on which Mr. Mensah is claiming that his suspension is “illegal”.
The CEO just happened to be Mr. Mensah who was the subject of numerous allegations of transgression of the Codes of Conduct of Ghana Rugby, Rugby Africa and World Rugby.
How do you ask the accused to arrange his disciplinary hearing?
It is unimaginable that an offender, for example a thief, will be asked by the justice system to arrange the proceedings of justice against him or her.
Mr. Mensah was invited to attend the Board Meeting but he declined. The meeting was attended by all the other Board Members with the exception of one Member who excused himself. None of the attending Board Members objected to the holding of the meeting either before or during the meeting and therefore the meeting was declared “regular” by the Ghana Rugby constitution.
At the meeting a majority vote approved that Mr. Mensah be given 72 hours to respond to the GRUPA (Ghana Rugby Union Players Association) Petition that requested for Mr. Mensah’s removal based on a number of alleged transgressions that may be interpreted as transgressions that have been “prejudicial to the Board or to the interests of the GRFU or rugby.”
After the above meeting Mr. Mensah offered to resign within 24 hours if certain conditions are met, such as the withdrawal of the GRUPA Petition. GRUPA felt that it was not in the interest of Rugby or of Ghana Rugby to comply with this request.
Mr. Mensah then defaulted on his response deadline of 72 hours to the allegations of GRUPA, claiming the meetings were “illegally” convened. As stated above such a stance, namely that he the accused should have been asked to direct disciplinary proceedings against himself can’t be
tenable in any system of governance of justice.
Following his neglect to respond to the allegations, a second Board Meeting was called by the three Board Members and seven days’ notice was given for the meeting in line with the Ghana Rugby Constitution.
Four of the Board Members indicated that they will not attend because they have sought legal advice and were of the opinion that the meeting was illegal. Not one of them produced evidence or substantiation from their legal counsel to prove that the meeting was indeed illegal and the reason for their absence was rejected.
In the meantime nine out of the ten registered Rugby Clubs of Ghana submitted requests to their governing bodies, GARA and CentWest, asking that a Special General Meeting should be called for the dissolution of the current Board and the election and appointment of a new Board.
At the second Board Meeting that was attended by a Quorum of five Members, three motions were submitted and approved by majority vote:
- That Mr. Mensah be suspended immediately and indefinitely in line with the Ghana Rugby Constitution,
- That a SGM (Special General Meeting) should be called for the dissolution and re-election of a new Board, and
- That the signatories to the Ghana Rugby bank accounts be changed.
Up to that stage Mr. Mensah was in full charge of the bank accounts of Ghana Rugby using signatories who were never approved by the Ghana Rugby Board as dictated by the Ghana Rugby Constitution.
The SGM has subsequently been called for 8th June 2021.
On the issue if Mr. Mensah has a right to appeal the sanction against him, the answer is an unequivocal, “YES”. The Ghana Rugby Constitution provides for an appeal mechanism by way of an Appeal Council.
We as the Members with Voting Rights therefore want to assure all stakeholders that the suspension of Mr. Mensah is not “illegal” as claimed by him. In fact, Mr. Mensah may be acting unlawfully by proceeding to act as Board Member. He has been suspended indefinitely till such time as the Appeal Council overturns the decision of his suspension. This is of course if Mr. Mensah exercises his right to appeal.
May we at this stage mention that the issue at stake here is not compliance or not compliance with Constitutions; even though we have shown that the Ghana Rugby Constitution has been the guide in all our actions.
What is at stake is Rugby! What is at stake is compliance with the values of Rugby that we hold dearly! What is at stake is adherence to the Codes of Conduct of Ghana Rugby, Rugby Africa and World Rugby. What is at stake is JUSTICE and INTEGRITY.
Signed: Mr. James N.A. Nunoo, elected President of CentWest (Full Member of Ghana Rugby), elected Vice President and Board Member of Ghana Rugby and appointed Acting Chairman and CEO of Ghana Rugby
Signed: Mr. Abdul-Aziz Issah, elected President of GARA (Full Member of Ghana Rugby), and elected Board Member of Ghana Rugby.
Signed: Mr. Michael Ako Wilson elected President of GRUPA (Association with two voting rights at a Ghana Rugby GM) and elected GRUPA Representative on the Board of Ghana Rugby.
