NOC’s Bengdara dual nationality court case to continue on 2nd October – Plaintiff claims defendant presented no evidence countering accusation of dual nationalities

On Wednesday (11 September), a session was held before the Administrative Judiciary at the Court of Appeal in Tripoli (in case no. 455 of 2023) concerning the annulment of an administrative decision issued by the Chairman of the Board of the National Oil Corporation, Farhat Bengdara.

This annulment is on the grounds that Bengdara’s decision is void due to him obtaining UAE citizenship in 2011, thereby losing his Libyan citizenship under Article 5 of the Libyan Nationality Law of 2010.

During the session, a source informed Libya Herald, Attorney Rajaa Ghazala appeared in court while no representative from the Lawsuits Administration or the legal department of the National Oil Corporation attended, as had been the case in previous sessions, the plaintiffs reported.

The judicial panel, consisting of three judges, asked the attorney to make her plea, to which she responded: “We request that the case be reserved for judgment in this session, as the defendant (Bengdara) is stalling to gain time and has nothing to present in terms of evidence. What he has presented has been refuted because any decision issued, withdrawn, or amended by him is, under Libyan law, considered the decision of a person usurping authority. His decisions are thus null and void as he has lost his Libyan nationality, meaning he is no longer considered Libyan, due to his possession of a UAE nationality according to the evidence and documents submitted to the court and filed in the court record.

Our memoranda submitted to the court explain these defences. Therefore, we insist on reserving the case for judgment.” The court decided to initially reserve the case for judgment on Wednesday 18 September.

However, on Wednesday’s session, the plaintiff was surprised to find the case reopened for pleading again on the 2^nd of October – at the request of the Lawsuits Administration, meaning the defendant.

The plaintiff asked why was the case allowed to be reopened for pleading again? Is it an attempt to delay the proceedings? And if there is evidence available, why was it not presented in the previous pleading sessions?

The case continues.

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